DF 

$09 
£62. 



| LIBRARY OF CONGRESS, | 

Chap. DF ^03 "1 

Shelf x-- W. _fe $ 



UNITED STATES OF AMERICA. $ 




OP THE 



TWO GREEK FRIGATES. 



P BY 

ALEXANDER CONTOSTAVLOS, 

An Agent of the Greek Government. 



SECOND EDITION, WITH A POSTSCRIPT 



J 

If 



A 

NARRATIVE 

OP THE 

MATERIAL FACTS 

IN 

RELATION TO THE BUILDING 

OF THE 

TWO GREEK FRIGATES. 



BY 

ALEXANDER CONTOSTAVLOS, 

An Agent of the Greek Government. 



SECOND EDITION, WITH A POSTSCRIPT. 



NEW-YORK : 
1826. 




Southern District of Nen-Tork, ss. 

BE IT REMEMBERED, That on the twenty-fourth day of October. A D. 1826. in the 
fifty-first year of the Independence of the United Hates of America, E Bliss, oi the said 
Distric t, hath deposited in this office the title of a pamphlet, the right whereof he claims as 
proprie tor, in the words following, to wit : 

" A Narrative of the Material Facts in relation to the building of ttie two Greek Frigates. 
By Alexander Contostavlos." 

In conformity to the Act of Congress of the United States, entitled. "An Act for the en- 
courage ment of Learning by securing the copies of Maps, Charts, and Books, to the authors 
and proprietors of such copies, during the times therein mentioned." And also to an Act, 
entitled " an Act, supplementary to an Act, en'iiled an Act for the encouragemen* of Learn- 
ing, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such 
copies, during the times therein mentioned, and extending the benefits thereof to the -irtsof 
designing, engraving, and etching historical and other prints." 

JAMES DILL, 
Clerk of the Soidhern District of Ken Tori. 



TO THE 

HON. EDWARD EVERETT, 

THE 

EMINENT AND UNDAUNTED FRIEND OF GREECE 

<Efus iiatujjftiet 

IS RESPECTFULLY INSCRIBED, 

AS A 

TESTIMONY QF THE FRIENDSHIP OF THE AUTHOB, 

A>TD OF 

THE^GRATITUDE OF HIS COUNTRY. 



NARRATIVE, &c. 



Circumstances of a peculiar character have most for- 
cibly prevailed upon me to lay before the public this brief 
account of the building of two frigates intended to secure 
the independence of Greece. It would be as tedious to 
the public as it would be painful to me were I to relate all 
the mortifications that I experienced from the moment of 
my arrival in New-York, from the parties interested in 
this transaction. Xo pains have been spared to misrepre- 
sent my character, to calumniate my efforts, and to oppose 
every moral and physical obstacle to the execution of my 
imperious duties. I will therefore carefully avoid every 
thing that might bear the stamp of personal resentment, 
and strictly confine myself to the substantial parts of this 
transaction, relating only so much as is absolutely necessary 
to make them fully understood, and at all events no more 
than I can substantiate by original and authentic letters and 
documents. 

The government of Greece, instructed by our ancient 
history, as well as by modern events, and persuaded that 
the salvation of our country could not be obtained but by 
the formation of a naval force, issued a decree under date 
of the 24th of August, 1324, authorising the Greek depu- 
ties in London to purchase or build as soon as possible, 
eight frigates of 15 guns per side. The deputies, after re- 
ceiving the said decree, encouraged by the noble and gene- 
rous feelings displayed by the citizens of the United States 
towards Greece, and looking upon these free and happy 



4 



regions as the only place where this important acquisition 
might safely and promptly be obtained, resolved upon 
trusting the execution of this order to American merchants 
and citizens. William Bayard, Esq.* being the chairman 
of the Greek committee in New-York, and head of the 
house of Le Roy, Bayard & Co. which has since been 
conducted by his sons William and Robert, the deputies 
applied to it in preference to any other, for information as 
to the cost of one of these frigates. In compliance with 
this request, Messrs. Le Roy, Bayard & Co. by their letter 
of the date of the 7th December, 1824, sent the following 
estimate of a 50 gun frigate, equal to those of the govern- 
ment of the United States, according to which the whole 
cost of such a frigate, built of live oak, with her arma- 
ment, amounts to $247,500, and with their letter of the 
s*ame date referring themselves to that estimate as satisfying 
at once the different questions of the deputies, Le Roy, 
Bayard h Co. continue to say that with an order in hand 
they would immediately employ themselves for their con- 
struction — that they are in the habit of making contracts 
with a ship- builder — and that, besides employing another 
builder devoted to them, and who watches the work and 
the materials employed, their frequent visits to the ship- 
yard secure to them well-built vessels — that by drawing on 
Jjondon, an exchange of 8 to 10 per cent, is usually ob- 
tained — that bills on houses well known, such as Baring, 
Brothers & Co. and N. M. Rothschild, would insure that 
premium ; besides the advantage of making payments onty 
at such periods as would be necessary without putting the 
deputies under the obligation of transmitting to this coun- 

* I have never had the honour of seeing- this gentleman, owing, as I 
have been given to understand, to his ever to be lamented indisposition. 
I am happy, howevsr, to state, that as to the integrity of his character, 
and the rectitude of his feelings, there is but one honourable opinion 

ihroug-hout the whole community. 



5 



try funds in advance — and that, should they be honored 
with this order, the interests of the government of Greece 
would be attended to with their usual zeal towards their 
friends, augmented, if possible, by the sentiments that unite 
them to the cause of that country. 

Estimate of a ship of 50 guns — 1 500 tons. 



Frame, 20,000 feet of live oak at $1 50 per ft. $30,000 

Other wooden materials, - - 30,000 

Labour, - - - 60,000 

Smiths' work, - - - 20,000 

Copper bolts, - - - 8,000 

Sheathing copper and nails, - - 12,000 

Joiners' bill, - - - - 7,000 

Carvers' do. - 1,200 

Painters' do. - - - - 3,000 

Blockmakers' do. ... 1,000 

Plumbers' do. - - - 1,600 

Turners' do. - - - 700 

Ship-chandlers' do. including pitch and oakum, 4,000 

Riggers' do. - - - 1,500 



Hull and spars complete - $180,000 
Rigging, — one suit of sails, anchors, and cables, 42,000 
Guns and carriages, and other expenses, - 25,000 



1,500 tons at $165 per ton, $247,500 



Founded upon such a satisfactory estimate, as well as 
upon the inviting and obliging sentiments expressed in the 
above letter, the deputies lost no time in preparing the ne- 
cessary letters and instructions for the acquisition of two 
such frigates, and toward the beginning of March, 1825, 
they despatched General Lallemand, with a salary of £120 
sterling per month, with instructions addressed jointly to 
himself and the two houses, Le Roy, Bayard h Go. and 



6 



G. G. & S. Howland, to whose mutual care the construc- 
tion or purchase of the two frigates was entrusted. Ge- 
neral Lallemand arrived in New-York towards the middle 
of April, and delivered to the above two houses the follow- 
ing documents, instructions, and letters committed to his 
care : — 

First, — The decree of the government of Greece for 
the acquisition of eight frigates of fifteen guns on a side. 

Secondly, — The contract of the loan concluded with I. 
and S. Ricardo. 

Thirdly, — The deputies' instructions as to the building, 
arming, and equipping of the above two frigates. 

And lastly, — Joint and separate letters for both houses, 
dated the 5th March, 1825, in which the deputies declare 
their resolution in ordering the construction of these two 
frigates, to be founded upon the representations commu- 
nicated to them by Le Roy, Bayard h Co. under the 7th 
December, 1824 — recommend to both houses the acquisi- 
tions of these vessels upon the most economical and expe- 
ditious plan, — and repose upon their zeal in the execution 
of this transaction ; the more so, say they, as these frigates 
belong to a nation for which you have shown the most ge- 
nerous sentiments. 

With this same opportunity, and on account of the ac- 
quisition of the said two frigates, the deputies sent to each 
of the houses a letter of credit of £25,000 sterling from 
Mr. Samuel Williams, and the positive promise of the 
sending of new and confirmed credits thereafter, either on 
Mr. Williams or I. and S. Ricardo, with whom a loan of 
£2,000,000 sterling had been contracted for the Greek go- 
vernment. 

In answer to these letters, Le Roy, Bayard and Co. and 
G. G. &i S. Howland, on the 15th of April acknowledge 
the receipt of the letters of credit to the amount of 
£50,000— accept with pleasure the order committed to 
their care— assure the deputies that nothing will be neg 



7 



lected to promote the interests of Greece — express their 
gratitude for the flattering choice and confidence reposed 
in them for the execution of this order — regret that this 
order has been too Jong delayed, and state that the great 
number of men of war building for Colombia, Peru, Mex- 
ico, and Brazil, besides fifteen frigates for the government 
of the United States, occasion such an activity in the 
ship-yards of New-York,* that the construction of these two 
frigates could not be finished in less than six months, adding, 
however, that in the same space of time the whole eight 
frigates decreed by the government of Greece, might be 
constructed. 

Nothing further was heard from them until the 14th of 
May, when, in a joint letter to the deputies, they write, 
that, after much reflection, and having calculated every 
thing with the greatest care, they have determined to begin 
the construction of these two frigates by days' works, under 
the inspection of a distinguished and experienced naval 
officer of the United States, being convinced, after a scru- 
pulous examination of all the details, that a great saving 
will result and more despatch in their construction. In 
contracting, say they, with a ship-builder, we should have 
had to pay a higher price, the ship-builders claiming very 
high profits, (ay ant la pretension de faire de grands bene- 
fices,) and be exposed to less faithful work. In the mean 
time, they say, having begun the construction with all pos- 
sible activity, we have determined to draw our bills on * 
Mr. Williams, and as soon as we shall have disposed of the 
sums which we are to draw for separately on him, we shall 
draw upon Messrs. Ricardo in virtue of the authority 
which you have given us in your letter of the 10th March. 
We must buy and furnish all the materials for the building, 
and must pay every thing in advance. It thence results 
that the two credits of £50,000 have already been em- 
ployed, and that we shall be in advance. Accordingly they 
call upon the deputies in the same letter to make provision 

* The expression is, " dans nos atteliers," in our ship-yards. 



s 



that Messrs. Ricardo might be prepared to accept the drafts 
which they intended to draw by the next packet. 

Meanwhile the deputies, supposing that these two frigates 
might be bought ready for sea, and fearing ie*t, for the 
want of funds in hand, their acquisition might perhaps be 
prevented, wrote separately to botn houses on the 10th of 
March, that should they be able to buy these vessels imme- 
diately, in that case, and in that case alone, they might 
draw for the surplus of their disbursements on I. & S. Ri- 
cardo, in London. This order is so positive and clear, that I 
am at a loss to understand how both Bayards and Howlands, 
who in their joint letter of the 23d of May, in announcing 
their drafts on Ricardo to the amount of 25,000 pounds, 
declare them to be conformable to the credit given them by 
the above deputies' letter of the 10th of March ! that is, that 
a credit given to them, only to be used in the event that the 
frigates should be purchased ready built, authorized them 
to draw when all idea of a purchase was abandoned. How- 
ever, these drafts were accepted and paid upon the positive 
declaration that they were paying for every thing before- 
hand, and were making advances upon the contracts enter- 
ed into, for the greater benefit of the interests confined to 
them ; and that, " in consequence of such payments and 
advances, the whole credit of 50,000 pounds on Mr. Wil- 
liams had been exhausted ;" an assertion, so far from true, 
that it appears by their accounts that no more than 40,000 
dollars had then been expended by both houses.* 

As a proof of their competence to such operations, Le 
Roy, Bayard & Co., in their letter of the 14th of May, 
add, that operations of this nature are not uncommon to 
them; that they had at that moment an order for a 74, two 
irigates of 44, and two sloops of war, besides that they 
were daily expecting a 64 from Colombia to repair, with- 
out having necessity for funds in advance ! that few weeks 

* It is not certain that nearly so large an amount had been expend- 
ed, because some of the receipts produced stated the payments to have 
been made generally in May and June, without specifying the day? 
and sums. 







pass without their making drafts equal to the £50,000 ; 
and that it is indifferent to them whether they draw upon Ri- 
eardo or upon Williams, because the houses in London add 
nothing to the value of their bills. 

Here it must be remarked, that Mr. Williams having re- 
commended the house of G. G. & S. Howland to the de- 
puties, Messrs. Howland on their side, either from a desire 
of proving to Saml. Williams their gratitude, or having, as 
they express it themselves, an entire confidence in him, in 
their letter of the 23d of May/ request the deputies to make 
arrangements with him for such sums as wilkbe necessary 
hereafter to them for the construction of the vessels. To 
this private request of the Howlands, die deputies, in their 
letter of the 23d of June, answer —that private considera- 
tions which they owe to their bankers, Ricardo, do not 
permit them to accede to their wishes, viz. to make arrange- 
ments with Mr. Williams for their drafts, and beg them 
take note ccordingly, and be persuaded that their 
ture will always meet the best acceptance with Messrs, K 
cardo. Messrs. Howland, under the 22d of October, 
knowledge the receipt of this letter, but do t-sA i:uU ; /k - 
ther notice of this subject. This circumstance is of very 
great importance, as will be seen hereafter. 

But, to return to the thread of my narrative : The depu- 
ties, in their letters of the 14th and 31st of May, to both 
houses, express their belief, that these frigates will reach 
Greece in the month of December, at farthest; and in their 
joint and separate letters to both houses, dated the 15th of 
June, in answer to the resolution taken for the construction 
of these frigates by days 5 work, the deputies, full of confi- 
dence, concur in this measure ; dictated, as they were as" 
sured, by a pure love of Greece, as4he most advantageous 
and economical plan. The adoption of this celebrated 
economical plan, and the wish of the deputies to procure, 
according to the decree of their government, the whole 
eight frigates, as may be seen in their letter of the 14th of 

2 



May, induced them in the above letters to request mo A 
particularly to have sent to them an approximate calcula- 
tion of what these frigates would cost, according to the new- 
ly adopted plan of days' work ; and though this request was 
repeatedly urged in their subsequent letters, it has never 
been complied with. Nay, more, a compliance with this 
just and reasonable request has been refused or eluded, on 
pretexts the most frivo lous and untrue. In their letter of 
the 3 1st of August 1825, the Messrs. Bayards say, that it 
was impossible to make any statement of the cost of the 
frigates until their completion ; when, at that very time, as 
appeared in evidence before the arbitrators, Captain 
Chauncey was employed in making an estimate of the very 
character which the deputies required — an estimate that was 
delivered on the first of September, (the very day after this 
letter was written,) and by which the cost of each frigate, 
was carried to more than the sum of $500,000. Thus 
by the constant assertion of the two houses, of the cheap- 
ness, the general economy of the plan they had adopted, 
and their refusal to furnish that detailed estimate, by which 
the falsity of those assertions would have been exposed — > 
an estimate which it was most plainly the right of the de- 
puties to exact ; most plainly the duty of the houses to fur- 
nish : Thus, I say, were the deputies kept in utter ignorance 
of the enormous expenditure that was going on, of the ruin- 
ous misapplication of the sacred funds destined to the salva- 
tion of their country, until the period arrived when their 
interference could no longer avail ; until the building of the 
vessels had proceeded so far, and sums so large had been 
transmitted, that there remained no alternative, except the 
entire sacrifice of what had been advanced, or the completion, 
at whatever cost, of what remained to be done. Had the 
two houses, in April Or May 1825, given that information of 
the probable cost of the frigates, which it was so easy for 
them to have obtained, and which, if we trust their own 
assertions, when they resolved to build by days' work, they 



11 



p fact possessed, the 750,000 dollars, which in the eveat 
have barely sufficed to fit out a single frigate, would have 
been applied, in more able or faithful hands, to other ob- 
jects. A fleet of sloops of war might have been built or 
purchased, equipped, manned, and sent to the succour of 
Greece before the opening of the last campaign— Misso- 
longhi would not have fallen ! 

After having drawn £25,000, on the 23d May, as above 
stated, without the least authority and with less necessity, 
both the Houses of Howlands & Bayards under the date of 
31st May, recommend again and represent to the deputies 
very strongly the propriety of supplying them with new 
confirmed credits from their banker. For, say they, in 
the same letter, " the construction of the frigates is going 
on rapidly, and we are obliged to furnish all the mate- 
rials in advance." The deputies, who acted constantly 
with an abounded confidence, upon receiving this last 
communication, impressed with the belief of the story so 
often repeated, not only directly by themselves, but much 
oftener through the medium of General Lellemand, that 
both houses were constantly in advance, and fearful lest the 
want of funds might stop the progress of the frigates, not on- 
ly sent immediately to both houses under date of the 29th of 
June two letters of credit to the amount of £30,000, but wrote 
to them also that if they were able to calculate what w ould 
be the sum still wanted for these vessels, they would not 
hesitate to increase the above amount, and that if it should 
happen that this sum should not be deemed sufficient even 
for urgent wants, they might draw on Messrs. Rscardo, 
who had already received instructions to accept thei bills, 
Such were the representations of both houses as to their 
disbursements, and such the implicit confidence of the de- 
puties in them, although the space of time from the suppo= 
sed beginning of the building of these two vessels to the 
23d of May, the day on which the 25,000 pounds were 
drawn, did not embrace more than seven days, and conse- 
quently the sum of 75,00U pounds sterling could not pos- 



12 



sibly have been expended ; that in writing to both houses on 
the 23d of June they make use of these expressions, " Your 
drafts of 25,000 pounds on Ricardo, on account of your 
advances on the construction of the frigates, have been ac- 
cepted, and the same honour is reserved to those that you 
shall have occasion to draw for the same object." 

Much has been said as to the pecuniary risk incurred by 
both houses in the construction of these frigates, in order 
to palliate or validate their enormous commissions. That 
subject I do not mean to discuss at present, any further 
than by calling the attention of my readers to the letter of 
Le Roy, Bayard h Co. in which as early as the 31st of 
August, they wrote to the deputies that should they be dis- 
posed to entrust to them the construction of other frigates, 
they would be very glad to accept their order for that pur- 
pose, on the following conditions, viz. One half of the esti- 
mated cost to be paid immediately by credits on London, 
and the residue not before the vessels should be ready for 
sea, in acceptances at three months' sight, approved by 
Baring, Brothers & Co. This letter is conclusive to show 
the sense which was then entertained by Messrs. Le Roy, 
Bayard &, Co. of the risk, that it has been since found so 
expedient to magnify. 

Six months was the period proposed by both houses for 
the completion of the frigates; and in their letter of the 
15th of April, as has been already stated, they said that 
in the same space of time the whole eight frigates might 
be completed. This proposed period was rapidly ap- 
proaching, and half the hull of the two was not yet con- 
structed ! In vain the deputies were waiting to see the 
fulfilment of this promise. Not even a letter was received 
from the houses ! This profound silence continued for 
five months, namely from the 31st May to the 22d of Oc- 
tober,* and, strange as it may appear, they did not even 

* I except the letter of the 3lst August, not only because it is a pri- 
vate one, but because it contains but one passage in relation to the fri? 
gates, and that not giving, but refusing information. 



1r» 
O 

acknowledge the receipt of the letters of credit of 30,000 
pounds sent by the deputies on the 29th of June, though 
part of this credit was negotiated in the beginning of 
September, according to their own accounts. What did 
the deputies write in the mean time, who had been inform- 
ed by General Lallemand that it was probable the frigates 
would not leave America before March. They complain 
most bitterly in their letter of the 6th of October, to Le 
Roy, Bayard & Co., and alluding to their former promise, 
they recommend most particularly the sending of the fri- 
gates to Greece before that time, but at all events not to ex- 
ceed that period. 

The above credit of £30,000 being, as it appears, some- 
what short of their expectations ; and unwilling, at that 
stage of the transaction, to disclose the gross violation of 
the original estimate, upon which, as it was evident from 
their letters, the deputies had founded the amount of the 
confirmed credits ; they, Messrs. Howland and Bayard, 
thought proper to address themselves to I. & S. Ricardo 3 
requesting them to open to them a credit for such sums as 
might still be necessary for the completion of the frigates.* 
Messrs. I. & S. Ricardo communicated the tenor of this 
request to the deputies, who, without loss of time, sent a 
letter of credit to Le Roy, Bayard & Co. for £13,000, 
and another for £12,000 to G. G. & S. Howland, with the 
following letter addressed to both, on the 1 5th of October™ 
1825 : — " As you have written to Messrs. Ricardo, for the 
" purpose of opening you a direct credit, in order to meet 
" the expenses of the construction of the frigates, consi- 
" dering the uncertainty under which we are placed as to 
£{ the amount that may still be necessary, we enclose you 
<e two letters of credit for £25,000 sterling ; and we hope 

* The houses denied, on the hearing before the arbitrators, that they 
had ever written such a letter, and they refused to produce a copy of 
it. But the letter of the deputies, of the 15th of October, is conclu- 
sive evidence that such a letter had been sent. 



« that this sum will be sufficient to provide for what remains 
u yet to be done" 

Before this letter could reach New- York, Messrs. Bay- 
ard and Howland, either forgetting the letter they had 
written to the Messrs. Ricardos for the purpose of opening 
to ttiem a direct credit, or, which I am more inclined to 
suspect, alarmed by the disastrous and appalling news 
from Greece,* resolved at last to break their mysterious si- 
lence, and tear at once the veil which, so unfortunately for 
Greece, had so long covered their operations. Accord- 
ingly they drew, with their letters of the 22nd and 31st of 
October, on Messrs. I. h S. Ricardo, £50,000 — viz. 
£20,000 on the 22nd, and £30,000 on the 31st of October. 
All these drafts, unexpected and unauthorised as they were, 
were accepted andpaid by Messs.Ricardos, amounting,with 
the former ones, and, with the premium on the bills, to 
about $750,000. Thus, in the space of about five months, 
the houses had drawn for and received at least $200,000 
more than the deputies had originally calculated would be 
sufficient for the building of both frigates, and neither of 
them was yet launched. f 

But to resume. Those letters of the 22nd and 31st of 
October are peculiarly interesting, inasmuch as they pre- 
sent in a strong light, the contrast between the continual 
professions of these gentlemen and the real truth of the 
case. They stand condemned out of their own letters as 
to the building. For instance, there is in the letter of 
Messrs. Le Roy, Bayard & Co. of the 22d of October, the 
following passage : — "The construction advances with a 

* As Le Roy, Bayard & Co., in their letter of the 22nd of October, 
speak thus : — " The newspapers keep us in a disagreeable uncertainty 
as to the events that are going on in your interesting country ; and we 
hope that your letters will put an end to the uncertainty, which cannot 
but be painful to us, on account of the interest we take in every thing 
that concerns the brave Greeks." 

f The frigate of Messrs. G. G. & S. Howland was launched on the 
18 th of November, and that of Messrs. Le Roy, Bayard &Co. towards 
the beginning of December, 1825. 



10 



i: rapidity with which we did not dare to flatter ourselves \ 
6t and we have every hope that these ships willow* to sea 
€t sooner than we had calculated ! ! .'" And in that of G. G. 
fc S. Howland, of the same date, the following : — " We 
u are happy in saying, that we are advancing with the ship 

(i much more rapidly than we could have calculated " 

How, sooner than they had calculated ? Did they not, in 
the very beginning of the transaction, calculate that the 
whole eight frigates might be completed in the space of six 
months ? Did they not know, as well as General Lalle- 
mand, who so long before had stated the fact to the depu- 
ties, that the two frigates would not leave America before 
March ! Wherefore this astonishment ? Why should they 
be astonished at a rapidity that postponed the building of 
two frigates only, five months longer than they had origi- 
nally said would be sufficient for the completion of eight ? 
"Was their first statement, that the eight frigates could be 
sent to sea in six months, a misrepresentation, known to be 
so by those who made it, and intended to deceive those to 
whom it was addressed ? Was it made to induce the depu- 
ties, without further deliberation or delay, to order the 
building of all the frigates which their government had 
authorised, and in the belief that to them the execution of 
those orders would be committed ? How is it possible to 
get rid of these suspicions, when they now tell us that the 
building of two frigates in eleven months, was a rapidity 
of construction exceeding any calculations they had ever 
made — any hopes they had ever formed r Biu Messrs. 
Howland add in the above passage — " Considering the 
many difficulties we have had to encounter . . . What 
difficulties? None had before been mentioned. Do they 
allude to the building that was then going on, according to 
their joint letter of the loth of April, of that vast number 
of men of war for Colombia, Peru, Mexico, and Brazil, 
besides the fifteen frigates for the United States ? This is 5 
unquestionably, the greatest fleet that history records in the 



annals of nations, as ever built in the same place, and at 
the same time. It is only to be regretted that the whole 
bustle and activity necessarily attending the building of 
such a formidable fleet, existed only in the imaginations of 
the Messrs. Bayards and Howlands ; for of this unusual, 
this stupendous operation, the peaceable inhabitants of 
New-York (if I am well informed) heard, saw, and knew 
nothing. But suppose that the two vessels of war which 
were then building, caused some difficulties in the progress 
of our frigates — this can never be brought forward as a 
reason for requiring eleven months instead of six ; for the 
fact that such vessels were building, was as well known to 
them in April as in October, and therefore must have been 
considered by them when they made their first calculation. 

Thus much as to the period in which the completion of 
these two frigates was promised ; I pass now to the differ- 
ence between their estimated and their real cost. I men- 
tioned, that before ordering these two frigates, the deputies 
requested and obtained from Le Roy, Bayard & Co. an 
estimate of the cost of one frigate ; this estimate, as has 
been shown, amounts to $247,500. Nor is this all. In 
coming to the resolution of building these two frigates by 
days' work, both houses, in their joint letter of the 14th 
May, declare : that after much reflection, having calculated 
every thing with the greatest care, and after a scrupulous 
examination of all the details, they were convinced that a 
great saving would result from such a plan of construction ; 
and again in their joint letter of the 23d of May, that they 
were paying for every thing in advance, for the benefit of 
Greece. Such were their professions, besides their love 
of Greece, which is constantly breaking forth in their let- 
ters—the interest they take in every thing that concerns our 
nation, &c. Such, I say, were their premises, such their 
professions, such the hopes they raised, before any portion 
of the funds of Greece had yet passed in their hands. 

They had now drawn for $75 0,000, and let the reader 



17 



mark the termination, and the contrast. It is in their joint 
letter of the 31st of October that their disguise is thrown 
off — the truth at length revealed. It is this letter that was 
destined to awaken the deputies from their dream of con- 
fidence— to apprise them of the true character and real 
views of their agents, and to afflict and overwhelm them 
with the intelligence, that more than twelve hundred thou- 
sand dollars of the funds of their country, and for the ex- 
penditure of which to that country they were accountable, 
were to be consumed in an operation, for the completion of 
which they had believed that $600,000 would be more 
than sufficient. The contents of this letter are so important 
that I subjoin a translation of the whole. 

" We have the honour to inform you that your two fri- 
gates advance very rapidly, and that we have a well found- 
ed hope that they will be ready to put to sea in four months 
the latest. We compute that the cost and outfits, (mise 
dehors) will amount to $500,000 each— for the sake of 
prudence, we invite you to value them at $550,000 for 
your own arrangements. 

" In deducting from this amount the drafts already fur- 
nished, there will remain a very large sum to draw for, 
which becomes important in the actual circumstances of a 
general discredit, resulting from the failures that have tak- 
en place in England, and prudence compels us to enter with 
you, gentlemen, upon an open and unreserved explanation 
with regard to our position. 
\ " Our confidence in you, gentlemen, is^complete. We 

have not the least doubt of your principles, your exacti- 
tude, and your means to provide for the payment of our 
disbursements, and we are happy to renew here the expres- 
sion of our sentiments towards you. But we cannot help 
thinking, that in spite of your fair intentions, you might 
find yourselves, by the current of circumstances, under an 
impossibility to fulfil your engagements with us. If the 

3 



m 



brave Greeks should receive a check, in consequence of the 
machinations and unfriendly disposition of the powers that 
surround them— the public papers induce us to fear, that 
envy, malice, and anti-liberal principles will prevail over 
courage, sustaiued by the love of liberty. 

" In such a critical moment as that existing in Europe, 
we see ourselves forced to demand from you, gentlemen, 
to put us beyond any uneasiness as to the exact payment 
of all advances made, and to be made, to enable these ves- 
sels to put to sea. We will continue to furnish our drafts 
upon the house or houses that you shall 'point out to us, but 
we require you to make a deposit in the hands of our 
friends in London, which in every event shall assure the 
payment of these drafts, and permit us to suffer the depar- 
ture of these frigates without delay, and without waiting to 
receive notice that our drafts have been honoured. In 
speaking of a deposit, we do not mean to exact that you 
should make it, if it be contrary to your arrangements — it 
will be sufficient for us to receive from our respective friends, 
their guarantee of the punctual payment of the totality of 
our drafts. In order to establish the amount of this guar- 
a ntee, please to deduct from ourprobable disbursements of 
$550,000, calculated at par,* for each frigate, the amount 
of the drafts paid, and send to us for the half of the ba- 
lance, the guarantee of Mr. Samuel Williams in favour of 
G. G. h S. Howland, and for the other half, the guarantee 

* Why calculate it at par? Is it in order to make assurance doubly 
sure, or for some other mysterious purpose?* They say, that they pre- 
sume the frigates will cost one million of dollars, but for caution sake, 

(par prudence) recommend to the deputiesjto value them at $1 100,000 ; and 
yet to calculate it at par ! The exchange on London, on an average, is 
from nine to ten per cent, premium, so that, by recommending- to them 
to calculate it at par, it swells the amount demanded by them for the 
building of the two frigates to more than 1200,000 dollars ! ! 

* They never informed the deputies the rate of exchange at which 
they sold their, drafts, nor of the proceeds of them ! 



10 



of Messrs. Baring, Brothers & Co. in favour of Le Roy, 
Bayard & Co. 

" We flatter ourselves, that on reflecting on the motives 
that have determined us, you will not see in our demand 
any thing unreasonable under actual circumstances, or in 
contradiction with the sentiments that we have manifested 
to you. We repeat to you, gentlemen, that your honoura- 
ble character and our confidence in your integrity, 
would render superfluous the precaution we are taking, if 
the operation concerned you personally. It becomes rse 
cessary, in considering you as the agents of a go verm 
which struggles against the powers and the principles that 
constitute the misfortune of nations. We are disposed to 
believe that it will triumph over them ; but this hope is not 
sufficient for commission merchants, to whom are intrusted 
other interests beside their own. We have, &tc. 

" P. S. We believe it is our duty to inform you, that 
We have made contracts for all the articles necessary for the 
equipment, armament, &c." 

What has now become of their estimate ? their calcula- 
tions ? their scrupulous examinations f their conviction that 
a great saving would result from their new plan of con- 
struction . ? Will it be said that they were themselves de- 
ceived ? How this could be, it is difficult to understand or 
believe. Will any man, I do not say any experienced mer- 
chant, but any man of common sense, believe, that if in 
October it was ascertained that the cost of the frigates was 
to exceed a million of dollars, an estimate approaching to 
the truth could not have been made in May ? If an esti- 
mate was then made, why was it not then communicated ? 
and if it was not made, what becomes of the truth of their 
assertions, that they had adopted the plan of building by 
days' work after " a careful and scrupulous examination of 
all the details," and upon conviction of its superior econo- 
my ? And if these assertions were not true, what becomes 



20 



of the fidelity of agents, who, without any previous in- 
vestigation or knowledge of the subject, adopted a most 
unusual plan of operations ? If they were not true, what 
becomes of the character and honour of those by whom 
they were made ? And. after all, if they were not true — for 
what purpose — with what motives were they uttered ? But 
admit that these gentlemen were deceived in May — Did their 
delusion continue until October? Had no calculations, no 
estimates been made in the interval, by which they were 
undeceived ? Had not such an estimate been made and de- 
livered to them by Capt. Chauncey, two months before their 
letter was written ? Why was it suppressed? Suppressed, 
although repeatedly demanded ? Why their profound, 
their obstinate silence, until, at last, when a large capital 
had been expended, or was in their hands, a capital enor- 
mous indeed, compared with the resources of the country to 
which it belonged, at last, they burst forth with the astoun- 
ding declaration, 6 your frigates will cost more than twice 
the sum that we calculated and you expected, and*you must 
pay instantly, or secure to be paid, as we direct, the resi- 
due of their cost, or they shall never depart. It is in vain 
that the imploring looks of your country are directed to 
our shores. Her eyes shall be closed in death before she 
shall see the aid on which she relies, unless our demands 
to the last farthing be satisfied. We repeat, you have this 
choice only — lose what we have received, or pay what we 
demand !' 

These are not all the misrepresentations of which I have 
to accuse them. I would willingly pass over their conti- 
nual declarations as to their disbursements and advances, 
which were so far from being true, that they had constant- 
ly on hand, as may easily be supposed, sums to a very 
large amount. I have no desire to mention the statement 
of Le Roy, Bayard & Co. in their letter of the 23d of 
November, that the frigate Hope had already been launch- 
ed, when it appears from Messrs. Howland's letter of the 
sajne date, that she was not to be launched until eight or 



21 

ten days thereafter. But there is one misrepresentation 
which I cannot conceal or suppress, and which, could every 
other imputation be removed, would fix an indelible stain 
on the integrity of those by whom it was made. Would 
it be believed, had I not conclusive evidence in my posses- 
sion from their own letters, that two houses of the first emi- 
nence of New-York, asserted in the most positive manner, 
that no law of the United States would be violated, and no 
risk incurred by the building and equipment of these fri- 
gates for the aid of Greece, and that these two houses, at 
a subsequent period, set up the known illegality of the 
transaction as a defence against the claims of the deputies, 
and threatened them with the loss of both frigates if those 
claims should be persisted in ? ! 

But to resume my narrative. We have seen in the above 
joint letter of the 31st Oct. that the Messrs. Bayards and 
Howlands call upon the deputies to provide for the exact 
payment of the w hole cost of these frigates ; and invite 
them either to make a deposit in the hands, or to furnish 
them with the guarantee of their respective friends, Messrs. 
Baring, Brothers &Co., and S. Williams, in London. After 
such a declaration, and after having drawn, in the space of 
eight days, as above stated, £50,000 sterling, were they 
not bound in good faith to wait for an answer ? Was there 
any necessity to draw for new supplies ? Not the least. 
The frigates could not be ready to sail. until the month of 
March, as they themselves acknowledge ; and the proceeds 
of the sums already drawn for, were not wholly expend- 
ed, (according to their own accounts presented to the arbi- 
trators,) even six months after that period. If, then, there 
was no necessity to draw for new supplies, what could or 
did induce them, without authority, and after having dis- 
closed, for the first time, the enormous cost of the frigates, 
and called upon the deputies either to make a deposit, or 
to provide for them the guarantee of their friends, to draw 
for £30.000 more on the 23rd November, viz. twentv-three 



days after the above communication ? That such an arbi- 
trary and inconsistent proceeding was adopted, would 
scarcely be believed, had I not in my power their original 
letters, addressed on that occasion to the deputies. They 
are not without interest. I translate them entire. 

New-York, 23rd November, 1825. 

" Gentlemen, — We have a great deal of pleasure in 
ci announcing to you, that one of the frigates was launched 
" on the 18th instant, and the other will be in eight or ten 
£{ days ; which makes only four months from the day they 
" were commenced.* This despatch has surpassed our 
" hopes ; and it is with pleasure we hear it universally re- 
" marked, that they will be the two largest and best fri- 
" gates in the world. 

" The equipment goes on as quick as possible, and every 
" effort will be made to complete them as quick as pos- 
t: sible. 

" Having need of a larger sum for our disbursements. 
M we have drawn to-day on Messrs. Ricardo, for £15,000, 
"and our friends, Messrs. Le Roy, Bayard & Co., have 
u done the same. We beg you to provide for their recep- 
" tion. General Lallemand will confirm to you the same ; 
" and referring to him, we have the honour, he. 

■'< G. G. & S. Howland." 

New-York, 23d November, 1825. 
" Gentlemen, — We had the honour to write you on 
" the 31st October, in order to inform you of our drafts 
" of £15,000 on Messrs. Ricardo, for your account. We 
s< have again drawn this day upon those gentlemen, at 60 

* Why four months? Had they forgotten their joint letter of the 14th 
May, in which they state—'* Having begun the construction with all 
possible activity, we have furnished our drafts," &c. Now from the 
14th of May to the 18th of November, is more than six. months ! Is it 
an error or a misrepresentation ? 



'26 



E< days sight, for £ 15,000, in our bill in favour of Baring. 
? Brothers h Co. Please give your orders for the good 
reception of it. Your ships are both launched,* and 
:{ advance with a rapidity of which we had no idea. The 
" brave General Lallemand is well enough re-established 
" to apply himself to his occupations. We have, &c. 

" Le Roy, Bayard & Co." 

These drafts, equally unnecessary and unauthorised, and 
so vastly exceeding any amount which the deputies could 
have believed would be required, as it was easy to antici- 
pate, were not accepted ; and so convinced were the 
Messrs. Bayards and Howlands of the irregularity of their 
conduct, that after their knowledge of the protest, not a 
letter or line was written by them justifying their own con* 
duct, or accusing that of the deputies. Meanwhile the let- 
ters of credit of Messrs. Ricardo, of £25,000, sent by the 
deputies with their letter of the 15th of October, as I have 
already stated, arrived in New- York : and these gentle- 
men, not content with what they had, during the interval, 
already drawn — without considering, or not wishing to 
consider, that this confirmed credit had been sent agreea- 
bly to their solicitations, f having declared that drafts 
otherwise furnished were irregular, and contrary to usual 
mercantile formality, at a time when the deputies could not 
know, nor have the least apprehension of their subsequent 
drafts of £50,000,J drawn and paid in this interval — and, 

* See the foregoing letter of Messrs. Howland of the same day. 

f Messrs. G. G. & S. Howland, with their letters of the 23d of May 
and 22d of October, press the deputies for the sending of confirmed 
credits, being, as they say, " contrary to usual mercantile formality to 
draw on a house without authority." And with their joint letter of the 
SlstofMay, write, "We do not doubt but you have already address- 
ed to us confirmed credits from your banker. Drafts on foreign coun- 
ties, without confirmed credits, are not regular in commerce." Add 
to these, their letter to Messrs. Ricardo for the same purpose. 

t That the deputies neither had, nor could have, the least apprehen- 
sion of these drafts, cannot be better demonstrated than by quoting 



24 



without paying any attention at all to the tenor and spirit 
of this letter, which, as we have seen, ended with these 
words, " We hope that this sura will be sufficient to pro- 
vide for what yet remains to be done;" — these gentlemen, 
I say, in spite of all this, drew again, according to their 
accounts, (for they never more wrote to the deputies at 
all,) the following sums : £13,000 by Le Roy, Bayard &: 
Co., on the 25th December, 1825; £12,000 by G. G. & 
S. Howland, on the 16th January, 1S26. These drafts, 
as was to be expected, were also protested : for, looking 
to the deputies' letter of the 21st of November, Messrs. 
Ricardo, having paid their drafts of £50,000, drawn on 
the 22d and 31st of October, (viz. twice as much as the 
amount of the above credit,) could not again pay a draft 
for which that same credit was intended. No. other course 
could well be followed ; and that the houses were fully 
prepared for it, is evident from the fact, that while they had, 
from the very beginning, constantly sold all the bills 
drawn upon confirmed credits, in this instance, they did 
not sell, but sent their bills to their friends in London 
for collection. 

The deputies now could no longer misunderstand the 
real intentions of these gentlemen. They clearly saw that 
all the resources of Greece would be insufficient to provide 
for the final cost of these two frigates ; and resolved ac- 
cordingly not only upon causing, as I already stated, their 
drafts to be protested, but also upon breaking off with 
these two houses all and every communication on the sub- 

their own letter of the 1 1st November ; where, in answer to the letter 
of Messrs. Howland of the 22d of October, they express themselves 
thus : — " We are favoured by your letter of the 22d of October, and 
have taken due note of your drafts of £10,000 on Messrs.' Ricardo. 
which shall be duly paid. In pursuance to what we wrote you on the 
15th October, you will see that we had anticipated your wishes with re= 
gard to the confirmed credits, and had placed with Messrs. Ricardo, at your 
disposal, the sum of £12,000; so that the above drafts will go against 
this credit, and you will have £J.000 more to draw for." 



25 



ject. The same silence also prevailed on the part of 
Messrs. G. G. & S. Howland and Le Roy, Bay&rd & Co. 
towards the deputies. The failure of Mr. Samuel Wil- 
liams, which must have reached New-York towards the end 
of November, and the protesting of their bills, passed aw ay 
without any direct complaint or remark on their part to the 
deputies. I was at that time in Greece, where these unfor- 
tunate frigates were eagerly expected, and could not reach 
England before the end of January. On my arrival there, 
I was intrusted with the difficult task of this unpleasant mis- 
sion. I accepted it with reluctance, not for want of an 
anxious desire to serve my country, but from fears that my 
imperfect knowledge of the English language would t ender 
m< incompetent to accomplish with honour the objects of 
this delicate and difficult mission. Relying, however, 
more upon the excellent laws and institutions of these free 
and happy States ; on the generous and liberal support of 
the best and greatest part of this community; and on the 
justice of my case, than on my own abilities ; I set out from 
England in the middle of Ma ch, and arrived in New- York 
on the 12th of April. 

I waited upon Messrs. Le Roy, Bayard h Co. and G. 
G. & S. Howland, delivered the letters of introduction of 
which I was the bearer, and by which my authority and 
powers were fully made known to them, and asked for in- 
formation as to the actual cost of the frigates. On receiv- 
ing an unsatisfactory explanation, I begged them to furnish 
me with a correct account of the disbursements actually paid 
by them on each frigate, a second one of the amounts due 
on contracts for articles not yet delivered nor paid, and a 
statement of the proceeds of their drafts on London. In 
the mean time I represented to them in the most unequivo- 
cal manner the pacific intentions of my mission, the wretch- 
ed state of Greece, and the absolute necessity of sending 
these frigates to the speedy assistance of my struggling 
countrymen. I assured them most positively that there was 

4 



,2o 



no sacrifice which I should not most giadiy submit to, in 
order to be enabled to despatch these frigates to their des- 
tination. Having not the least idea either of the commis- 
sions they intended to charge, or of the extravagant damages 
and other unjust claims which they meant to prefer— con- 
sidering the large amount that both houses had in their 
possession long before — persuaded that in the state in Which 
I had found the frigates, it was impossible that such an 
enormous capital as £155,000 could have been expended 
on them— believing in their professed readiness to assist 
my efforts, and being invested with powers for the raising 
of a loan which, for the above reasons, could not be but to 
a small amount, I must confess I entertained the most san- 
guine hopes that some means might be devised to send 
them out to Greece. My hopes, however, did not last long, 
for about the 18th of April they furnished me with their 
accounts amounting, 

That of Messrs. Le Roy, Bayard & Co. for 

ffi&iM -expenses, - - $360,131 70 

Balances due on contracts, 44,704 70 

#404,836 40 

That of Messrs. G. G. and S. Howland for 

actual expenses, - - $383,932 94 

Balances due on contracts, 23,228 00 

$407,160 94 



The only persons to whom I could apply for informa- 
tion, as to the correctness of these statements, were Gene- 
ral Lallemand and Captain Wolcott Chauncey. The first 
expressed his belief that their truth was beyond question ; 
the second, after having examined them, represented them 
to be " very correct : ,? though by their subsequent and 



27 



iiuai accounts before the arbitrators, inaccuracies, and 
Those to a large amount, were proved ; I do not mean upon 
the balances due, they of course could not be correct, nor 
did I consider them as such, for the building of the frigates 
was going on, and every day's expenses were to be added 
10 those balances. I allude to the " actual expenses," in 
which, besides many others, an error of $22,500 was in- 
troduced in the account of Messrs. Le Roy, Bayard & Co. 
in the isolated sum of <{ the monies paid to ship-carpenters;" 
an error admitted on the hearing before the arbitrators, 
which one of their clerks was called to explain. 

Discouraging as these accounts were, I still endeavoured, 
though my hopes of obtaining both frigates were now at an 
end, to persuade them to send the one, and keep the oiher 
in their absolute possession, until die entire and final pay- 
ment of their respective balances. I did what a man could 
do, animated by an ardent love of his country, and impres- 
sed by the imminent danger of Missolonghi, the tragical 
end of which has since filled every man w ith horror, and 
will be recorded and remembered in the most remote ages to 
the honour of its defenders, and to the disgrace of those 
who, with guilty apathy, witnessed its destruction. The 
imminent danger of Missolonghi, I say, which could not be 
saved but by the arrival of this frigate, was constantly be- 
fore my eyes. I supplicated them — I appealed to their 
humanity, to their generosity — till at last, dissimulating a 
will to comply with my. wishes, we called upon Captain W. 
Chauncey, to prepare an estimate of the expenses necessa- 
ry for completing one of these frigates. This estimate was 
delivered by Captain Chauncey about the 22d of April ; 
and though the insurance from New- York to Greece was 
not included, nor a disposable capital in specie to meet any 
accident that might happen during the long voyage, it still 
amounted to $86,370. About that day the statement of 
the proceeds of 155,000 pounds drawn on London, from 



both houses, was also delivered, from which it appeared, 
that the proceeds of £77,500 drawn by Messrs. Le Roy, 
Bayard Si Co. after the deduction of 21 per cent, for com- 
mission and brokerage, and the supposititious damages and 
re-exchange on the bills protested, amounted to $326,034 
25 only! and the proceeds of £77,500 drawn by Messrs. 
G. G. h S. Rowland, after the deduction of 2! percent, for 
commission and brokerage, the damages and re-exchange 
on the bills protested, and their alleged loss of funds in the 
hands of Mr. S. Williams, amounted to $ 295, 148 90 
only ! | 

These statements, copies of which will be found in the 
appendix, and the strong and reiterated advices of Messrs. 
Bayard and General Lallemand that I should return imme- 
diately to England in order to prevail on the Deputies to 
remit to these houses further and equivalent sums to com- 
plete the frigates, dispelled all illusion in my mind, as to 
the actual intentions of these houses and their agents. 
The impossibility of raising a loan to such an amount as 
to pay their claims and fit the frigates out, was not the only 
difficulty I had to contend with — these gentlemen repre- 
sented to me the imminent danger to which the frigates 
would be exposed, should it be known that they were in- 
tended for Greece. The Messrs. Bayards frequently ur- 
ged on me the propriety and the necessity of my keeping' 
the transaction secret, averring that the least indiscretion 
on my part would occasion the loss of the frigates, whilst 
in no event could they be the sufferers. The balances due 
to American citizens, such was their language, cannot be 
disputed by our government, they are even protected by 
our laws, it is upon Greece that the loss will exclusively 
fall. The same representations were made by General Lal- 
lemand and Captain Chauncey. Ignorant as I was of the 
laws of this country, without friends or counsellors, and 
surrounded by those who were interested to deceive me, I 
was, (it may be well imagined) in a state of the utmost per- 



29 



plexity, and saw no alternative but to proceed at once to 
Washington, and there try to accomplish what I despaired 
of obtaining here. General Lallemand and Mr. William 
Bayard were averse to my going there, " You will lose your 
time," they said, " without the least prospect of success," 
and recommended to me in preference, several other plans, 
as the raising of a loan in the Island of Hayti — the selling 
of one of the frigates to the government of Mexico, &c. 
I was however determined to go to Washington, and there- 
fore set out from New- York, and arrived there in the begin- 
ning of May. There are 4 obvious reasons of propriety 
that restrain me from saying to whom I addressed myself 
on my arrival, what advice I received, and what means were 
pursued to enable me to accomplish the objects of my jour- 
ney. It is with much reluctance that I yield to the force of 
these reasons, and deny myself the pleasure of naming 
publicly the gentlemen to whose counsel and aid my suc- 
cess must be attributed. To their services my country is 
deeply indebted, and in her history, though suppressed 
here, their names will be for ever recorded. 

I must confine myself now to stating, that an act of Con- 
gress having been passed authorizing the President to pur- 
chase an additional frigate for the use of the navy of the 
United States, representations were made to the government 
that two vessels, in all respects suitable for the navy, were 
to be found ready built in the port of New-York, either 
of which could probably be purchased, and for a moderate 
sum. These representations were favourably listened to, 
and it was understood that commissioners would be ap- 
pointed to examine and appraise one of the vessels. My 
longer stay in Washington, therefore, was quite unneces- 
sary, and I returned' to New-York about the 22nd of May, 
for the purpose of settling my accounts with these two 
houses. Previous to my leaving Washington, I wrote 
both to Messrs. G. G. & S. Howl and and Le Roy, Bayarcl 
& Co. requesting them to prepare, as snon as possible, their 



30 



linai accounts ; and this request I repeatedly urged after 
my arrival here. But the time was not yet come when these 
accounts were to be delivered — though the account oi 
Messrs. G. G. & S. Howland must have been ready, for ; 
when delivered, it bore the date of the 5th of June. 

Meanwhile three Commissioners of the highest rank and 
integrity, arrived in New- York on the 7th of June. They 
inspected the vessels, promised me, most kindly, to recom- 
mend the government to buy the one called the Liberator, 
and returned to Washington the next day. Upon the pro- 
mise of those highly respectable individuals, the so eagerly 
wished for sale could no longer be doubted; the two 
houses, pressed by continual importunities, and seeing 
that a longer concealment was impracticable, resolved, at 
last, to furnish me with the accounts so long, so obstinately, 
so mysteriously withheld. Accordingly I received, on the 
10th of June, the account of the ship Liberator, enclosed 
in an unceremonious letter, that shall be given hereafter. 

In order to keep the thread of my narrative, I must re- 
late, before the production of this letter, that walking alone 
on the Battery, on the evening of the 9th of June, I hap- 
pened to meet there Mr. Robert Bayard, sitting alone on 
one of the benches. I accosted him, and after the usual 
compliments and some other conversations equally unim- 
portant, we passed, by degrees, to the great question of their 
accounts. I expressed my astonishment on their unac- 
countable conduct in not furnishing me with them, though 
so often demanded. This was followed with some strong 
expressions, on both sides. I heard him then, for the first 
time, strongly reprobate my conduct in Washington, for 
having shown their former accounts. I answered him, 
that I did not know why I should be ashamed to produce 
accounts, which the parties were not ashamed to exhibit. 
This answer threw him into a passion, and he proceeded 
then to tell me, that they did not know me at all in the 
transaction, which having been commenced with General 



Lailemand, must be finished with him ; that they were Hot 
obliged to furnish me with accounts ; that Mr. Howland 
was to proceed immediately to Washington to complete the 
sale, and receive the amount of the Liberator without eveu 
asking me for it ; that they must have their full commission 
upon that sale ; that I was completely in their hands, and 
they would do with me just what they pleased. I replied 
to him very briefly, that I was very glad to know their in- 
tentions, and we departed as friendly as can be expected. 

Next day, on the morning of the 10th of June, I wrote 
them a note, which I carried myself, and delivered in the 
hands of Mr. William Bayard, in their own counting-house,, 
of which the following is a copy, suppressing a few words 
at the close, from motives of delicacy : 

" Mr. Contostavlos' compliments to Messrs. Bayard & 
Howland, and requests them to be kind enough to inform 
him whether there is any truth in Mr. Howland's going to 
Washington, without even the knowledge of Mr. Contos- 
tavlos, for the purpose of receiving the whole amount of the 
frigate for the small balance due them. 

" Mr. Contostavlos further desires to know, whether 
Messrs. Howland or Messrs. Bayard, or either of them intends 
to charge him with a new commission on the selling of this 
frigate, effected only by his exertions and by the unexampled 
enthusiastic support of all the 

" Mr. C. begs for a speedy reply. 

"New-York, 10th June, 1826." 

After the perusal of this note, Mr. William Bayard was 
not less angry than his brother on the evening before. He 
told me that they would sell both vessels if they thought 
proper — that I was not the person to whom they were bound 
to account for their actions on the subject — that they would 
never give a reply to my note, and that he should rather 



o2 



advise me to keep myself quiet, except I wished to see the 
sacrifice of both vessels. I replied simply, this I inform you, 
sir, that if I have not an answer in the course of this day, 
I must have recourse to legal measures ; and 1 went away. 
In the afternoon of that day I received the following note : 

" Messrs. Le Roy, Bayard & Co. and Messrs. G. G. & S. 
Howland, have before them the note of Mr. Contostavlos : 
In reply to his first query, they beg to state, that Mr. How- 
land does not intend going to Washington, although urged 
to do so by Messrs. Le Roy, Bayard Co. as already stated 
to Mr. Contostavlos, unless it should be found necessary 
and desired by all parties. 

" Messrs. Le Roy, Bayard h Co. and Messrs. G. G & S. 
Howland have never reflected on th- charge of a commission 
for the resale of the ships, and if any person has informed Mr, 
C. that they had stated that they would or would not do so, 
they have stated what is not correct, as no opinion has 
ever been expressed or decision as yet taken, on that sub- 
ject — they reserve themselves as to a decision on this subject, 
until a final settlement of the accounts. 

" When the ship is sold, Messrs. Howlands and Bayards 
must receive, as a matter of course, the amount for which the 
vessel is sold, and account for any balance due thereon, 
after deducting their respective claims. 

"Mw-York, June 10, 1826." 

With this note, or a little before, I received also the fol- 
lowing unceremonious letter, which I copy verbatim : 

"We .enclose you our account with the ship Liberator, 
made up to about the first instant, which embraces all the 
claims against her to that period that have come within Mr 
knowledge. The statement of the exchange you already 
have. Respectfully yours, 

G. G. h S. Howland, 
" New-York, June 10, 1826, Le Roy, Bayard & Co, " 



33 



A copy of this account will be seen in the Appendix, da- 
ted the 5th June, and signed by both houses, amounting 
to - - - - $ 405,935 28 

To which are added, 5 per cent, commission 

to Le Roy, Bayard, & Co. - - 20,275 92 
5 per cent, commission to G. G. h S. Howland, 20,275 93 



#446,487 13 

The extravagant cost of this vessel — the claims that in 
all probability would have come, in a subsequent period, 
within their knowledge — the double five per cent, commis- 
sion upon the same expenditure — the peremptory sugges- 
tion, that the amount, for which the vssd is sold, must, as a 
matter of course., be received by them, in order to dtduct their 
respective claims — and, above all> the odious reserve of a 
new commission upon the sale of the vessel, which was 
effected, not only without their assistance, but even without 
their knowledge, as will be seen hereafter : in short, the 
whole of this communication was, I must confess, far be- 
yond any thing I could suspect or imagine ; ray worst fears 
were more than realized. The idea that the last resources 
to which the unfortunate people of Greece could look, were 
in the possession and power of these insatiable men, filled 
my breast with horror : the. amicable intentions which 
characterized and dictated all my proceedings from the 
moment of my arrival here, as they no longer influenced 
my mind, could no longer govern my conduct — I was under 
the necessity, either to sacrifice every thing to cupidity, or 
to resort to compulsory measures for redress. Adopting 
the first course, I would have grossly violated my duty ; 
the second, in my situation, alone remained. Accordingly, 
I devised means, through the powerful assistance of some 
friends, by which the sale of the Liberator was postponed, 
and at the same time I resorted to counsel for advice as to 
the means of redress. The account, however, of the ship 



o4 



Hope built by Messrs. Le Roy, Bayard & Co. was stiff 
withheld, in spite of all my remonstrances — it was important 
to my case, and in order to obtain it I wrote them the fol- 
lowing note: 

" Mr. Contostavlos' compliments to Messrs. LeRoy, Bay- 
ard & Co. and begs them most particularly, as a kind of 
favour, to furnish him with the accounts of the vessel, for 
nothing can nor will be done as long as those accounts are 
not settled. 

"New-York, June 14, 1826." 

In answer to which I received the next day the following 
letter, signed, of course, by both houses, according to the 
newly adopted system, in order to validate their double 
commission. 

" Sir, June 15, 1826. 

In answer to your note of yesterday, we have now 
the pleasure to hand you with this, the account asked for. 
It is as correct as at the moment it can be furnished. 

With respect we subscribe, 
Your ob't servt's, 
To Le Rov, Bayard & Co. 

Esq. G. G. & S. How t land. 

Vesey-street." 

A copy of this account will be also seen in the Appen- 
dix, dated the 15th June 1826, and signed by both houses, 
which amounts to - g396,S51 66 

To which are added, 5 per cent, commission 

to G. G. & S. Howland, - - - 19,S42 5S 
5 per cent, commission to he Roy, Bayard & Co. 19,842 5S 



.$436,536 82 



35 



The mode of staling these accounts, as far as my know- 
ledge goes in mercantile transactions, is most undoubtedly 
without a precedent ; looking, for instance, to the above 
account of Messrs. Le Roy, Bayard & Co., it will be seen 
that Saltus, Son & Co. received $26,700 57 for copper, 
iron, and kentledge ! But what is the quantity of each, 
what the weight, at what price, can only be known to 
Messrs. Saltus and Bayards, for nothing of that kind is to 
be seen in their account. What follows is still worse. We 
see that Messrs. Le Roy, Bayard & Co. took out of their 
own stores, a " Do." (whether copper, iron, or kentledge, 
I am not able to say) for which they charge in the account 
$3742 87 ; but what the article really is, what the quantity 
or weight, and what price they have been pleased to charge 
for it — this is exclusively known to themselves alone ! It 
would be endless to go through the whole account. This 
is the uniform manner in which this famous account is car- 
ried through, s may be seen in the Appendix, No. 5. But 
what I cannot help remarking is, the not less novel than 
curious way of swelling up the amount by " Chauncey — ■ 
Requisitions, §7,000," and a little lower $1,000 more. 
What these requisitions are, whether they have been ex- 
pended, (it will be seen hereafter that they were not all ex- 
pended) in what way, upon what object ? — this is known 
only, I speak now of the accounts themselves, between 
.Messrs. Le Roj 7 , Bayard 8c Co. and Capt. Chauncey, of 
the LVited States Navy. 

The account of Messrs. G. G. & S. Howland is by no 
means different in principle from the above, as may easily 
be seen in the Appendix No. 3, though more complicated. 
We see, for instance, that Peter Schermerhorn h Sons have 
received, at eight different times, the following sums, viz. 
$3408.3— 6S2S.62— 3889.73— 3667.4-5483.95-2253. 16 
316.8 — 95.16— in all, the amount of $25,946 77, for 
cordage, cables, hawsers, bolt-rope, &c— but how much 
for each, what is the quantity or weight, whether the bolt 
and the cordage is at the same price, what that price is, 



36 



and whether all these articles have really been employed in 
the construction of the Liberator, in va^n would the reader 
look for this usual and mercantile information, in that ac- 
count — nothing of this kind is there. Upon this same 
plan the whole account is framed, and, therefore, in order 
to avoid tedious repetitions I dismiss this topic for the pre- 
sent, not however, without calling again the attention of the 
reader to the " Capt. Chauncey on acct. Disbursements, 
$7000" more. The expression, " on acct. Disbursts" 
leaves some room to suppose that further disbursements 
were to be paid to him ; for what reason, and how they had 
been made, was then equally unknown to my readers and 
myself — Captain Chauncey and the Messrs. Howlands alone 
possessed this knowledge. 

Such are the accounts of these eminent houses ! Such the 
economical plan of construction by days 1 work ! Such their 
attention and the zeal for the interests of Greece, and their 
love for the sacred cause for which the f inds were intended ! 
In short, such is the transaction for which 10 per cent, com- 
mission have been allowed ! ! ! 

Being convinced that an amicable settlement of the 
claims of the houses was not to be expected, I applied to 
counsel. One of the gentlemen, who, about that period I 
consulted, advised me that the transaction between the 
houses and the deputies was contrary to law, inasmuch as 
the fitting out of armed vessels to commit hostilities upon 
any country at peace with the United States, was forbidden 
by an act of Congress ; that consequently I had no legal 
remedy ; and that 1 must throw myself upon the mercy of 
the houses, even if they demanded fifty per cent, commis- 
sions. 

I was well convinced that the houses had received similar 
advice from their counsel, and that the course they had taken 
was to be ascribed to their conviction that I was completely in 
their power. Upon communicating the advice of the above 
gentleman to the other counsel whom I consulted, they advised 



37 



me that my case was not entirely without remedy ; that I could 
not recover the frigates themselves by suit ; but that I 
could abandon them, and recover back the monies which 
had been paid to the houses. 

This latter advice was founded upon the fact, that the de- 
puties, in the beginning of the transaction, had instructed 
the houses not to undertake this business at all in case 
there was any obstacle in the laws of the United States, 
and that the houses had deceived the deputies in this re- 
spect, as I have already stated. This opinion was so ac- 
cordant with justice and sound reasoning, that I resolved 
at once upon the course I was to pursue. My counsel ac- 
cordingly waited upon one of the counsel of the houses for 
that purpose, and stated to that gentleman, that a bill in 
chancer}', or a suit at law, would be immediately resorted 
to, in case the houses should decline an arbitration. One 
of the houses manifested a great reluctance to this latter 
measure, and a doubt was distinctly intimated by their couu- 
sel, whether they would, on any terms, consent to it. No- 
thing but the terror of the threatened prosecution could 
have forced them into it — that, however, at length took ef- 
fect, and it was finally announced that they would consent 
to an arbitration. 

It was proposed by me, that there should be seven arbi- 
trators, on account of the character and importance of the 
interests involved. This was refused. I then proposed 
live, but that number, also, was positively objected to ; 
upon which, I was compelled to accept an arbitration be- 
fore three persons only. After this, several gentlemen 
were named by my counsel, who were all peremptorily ob- 
jected to. Among the gentlemen so proposed, was Lang- 
don Cheves, Esq. who was named without his knowledge, 
and who will, I hope, pardon the liberty 1 take in men- 
tioning him here. I do it, because it will be universally 
understood, that his eminence in learning, intellect, and in- 
tegrity, formed the only objection which could have been 



38 

made against him. The arbitrators were finally selected 
as follows': the counsel of the houses nominated Mr. Abra- 
ham Ogden, and my counsel named a gentleman who de- 
clined, but who, on doing so, recommended Mr. Henry 0. 
De Rham. The nomination of this gentleman was, by the 
houses, accepted without the least difficulty, and the name 
of Jonas Piatt, Esq. being suggested for the third arbitra- 
tor, he was accepted by both counsel without hesitation. It 
was understood that the parties were not to be bound with- 
out their ratification. After taking time to consider the 
matter, a strong effort was made to induce the houses to 
withdraw the nomination of Mr. A Ogden, it being under- 
stood, that his situation in relation to one of the houses was 
such as to preclude any just expectation of his impartiality. 
It might have been expected, that motives of delicacy 
would have rendered it impossible for the houses to have 
insisted upon retaining him. But it was soon discovered, 
that without Mr. Abraham Ogden there could be no arbi- 
tration. 

I was compelled, therefore, to accept of this arbitration, 
thus proposed, under all its unfavourable aspects. The 
reason of this was, that neither of the frigates could possi- 
bly be sent to Greece, unless the whole of the claims of the 
houses were first satisfied. They insisted upon retaining a 
lien upon both these vessels ; consequently, neither of them 
could possibly be saved to Greece, unless both were taken 
out of their hands, and one of the houses* was in a situa- 
tion in which it was deemed quite unsafe to suffer so much 
property to be involved in its fortunes. It had been pro- 
posed, and with great difficulty acceded to, that both these 
ships should be conveyed to the arbitrators, in trust, to 
.abide the event of the award. This essential point having 
been agreed to, much difficulty was created in regard to 
the time allowed for the investigation, the houses looking 



* Le Roy, Bayard & Co. 



39 



with abiiorrence to the examination of their accounts. Fi- 
nally, however, and after a great deal of controversy, a 
submission was drawn up and agreed to by both parties. 

The principal points of this submission, drawn up on the 
23d of June, 1826, were the following: — 

1st. To refer all accounts and claims of the respective 
parties relating to or growing out of the contract or agree- 
ment for the building and equipment of these two vessels, 
to the arbitration of Jonas Piatt, Henry C. DeRham, and 
Abraham Ogden, Esqs. 

2nd; That the title of the said two vessels should be 
forthwith conveyed to the said arbitratars in trust. 

3rd. That their award in the premises should be made 
within twenty days from the date of the submission. 

4th. That in case one of the ships should not be sold 
within thirty days from the said date, the said arbitrators 
should sell the said ships or either of them, within ten days 
after the expiration of the said thirty days, provided that 
in the opinion of the said arbitrators a further period, not 
exceeding twenty days thereafter, should be judged reason- 
able. 

5th. That out of the proceeds of such sale the said ar- 
bitrators, after deducting their own costs and charges for 
their services as arbitrators, should pay to the houses the 
amount, if any, to be awarded to them. 

6th. That in case either of the parties should revoke 
this submission, the arbitrators should dispose of the said 
ships, or their proceeds, for the benefit of either of the par- 
ties, as to the said arbitrators should seem agreeable to jus- 
tice and equity. 

After having signed this submission, and remitted to 
my counsel all the papers, documents, and my instructions 
relating to this controversy, I set out again for Washington, 
in order to complete the sale of the Liberator within the 
time limited in the above submission. 

During my residence there I happened to discover in a 



4« 



most curious and accidental way, that about the 27th day 
of March, a shipment of shot and grape to the amount of 
$6,506 40, on board the schooner Exchange, was lost on 
its way to New- York. Neither of the houses ever men- 
tioned to me such a loss, and therefore I hastened to inform 
my counsel, requesting them to investigate the ma:ter be- 
fore the ciose of the reference which approached to its termi~ 
nation. 

The first meeting before the arbitrators, as I have been 
informed, was on the 27th of June, when the arbitrators 
and counsel met, and on the following day they commenced 
with the examination of witnesses. The counsel of the 
houses were repeatedly called upon before the arbitrators 
for their accounts, or a statement of their claims in writing, 
which they declined producing. They never did produce 
any statement of their claims before the arbitrators, other 
than that of which a copy is here annexed, and which was 
not brought forward until many days after the hearing be- 
gan. It is this : — 

" 1st. We claim damages on the bills drawn on Ricardo. 
and protested by them. 

"2nd. Mr. Howland claims £7,500, as lost in hands of 
Williams, and damages upon it. 

" 3rd. We claim a commission upon the amount of mo- 
nies received and expended by us, as by account furnished. 

"4th. We claim a commission upon the re-sale of the 
vessel, if we think proper to do so after the claims of the 
deputies are stated. 

" 5th. We claim the balance of our disbursements, and 
our commission upon it." 

The arbitrators had nothing before them at the hearing, 
like an account from which to make up their award, ex- 
cepting the accounts which had been rendered to me by 
the houses. Perhaps I ought also to except certain ac- 
counts, produced by the concluding counsel of the houses 



41 



towards the close of his defence, containing- calculations ®f 
interest, and brought forward in support of his argument 
on that subject. There must have been some very strong 
motive for a course of conduct so very suspicious on the 
part of the houses. 

Let it be borne in mind that I had never been able, by 
any importunity, to obtain an account current from them, 
or any tiling else than a statement of disbursements, and a 
statement of the exchange on London. 

Some few days after the hearing began, one of my coun- 
sel, being desirous of examining certain translations of let- 
ters that had been produced, aiid whinh he suspected to be 
inaccurate, the bundle of documents in the possession of 
the arbitrators was h nded to him, thdt he might select such 
as he wanted, and on looking them over, he discovered a 
paper containing an unconditional and unqualified claim on 
the part of the houses, of a commission on the re-sale of 
the f igate, which had been negotiated by me as before 
stated, and which it was expected the arbitrators themselves 
would carry into effect. An inquiry was immediately made 
by my counsel as to the mode in which that paper had 
gained admission into the files before the arbitrators. 

The arbitrators knew not how it came there, nor did the 
counsel of the houses, though one of them suggested that 
he might have handed it in by mistake with some other 
papers The members of the houses who were present 
could not explain the circumstance, though they declared 
that it had not happened through any intention on their 
part. I do not mean to impute to the houses the disgrace 
of smuggling this claim, nor to the arbitrators that of per- 
mitting its secret introduction — least of all, do I mean to 
impeach the honour of the counsel. But this fact could 
not properly be omitted, inasmuch as it serves to show the 
shameless and unbounded rapacity of the houses, and takes 
from them all the apology which they sought to provide for 

6 



themselves in the qualified statement of this monstrous 
claim, as above set forth. 

I was very anxious that strict proof should be required 
from the houses, not only as to the particular dates of their 
exchanges, and of the monies received, but also of all their 
payments, and that as far as practicable, bills of parcels, 
vouchers, receipts, he should be produced, showing the 
periods when such payments were made, and what they were 
for. I wrote and expressed these my wishes repeatedly to 
my counsel. It was understood that the houses would as 
soon as possible comply with this demand. After some 
time they stated, that it would require a much longer time 
than was allowed for the arbitrators to make their award, 
to bring forward all the bills of parcels, receipts, he. he. 

They then proposed, as I have understood from my 
counsel, (being myself absent at the time,) to produce ge- 
neral receipts from the persons to whom they had paid mo- 
nies — that is to say, receipts, each of which should specify 
solely all the payments made to the party giving it, and the 
periods thereof. One or more of the arbitrators having 
intimated that this course ought to be satisfactory, my 
counsel, though with great" reluctance, acquiesced in it, 
from a thorough conviction that the arbitration would be 
defeated, if they persisted in requiring strict legal evidence 
of the expenditures of the houses. The event proved how 
much reason my counsel had for the course they took ; 
for, notwithstanding that the time for making the award 
was twice enlarged, the houses had not produced but a 
part of these vouchers, until near the close of the hearing ; 
and even then all their vouchers were not produced. 

On the 11th of July I arrived again in New-York, and 
attended the reference for the first time. I entered the 
room, and, to my great astonishment, not a single bill of 
parcels was as yet produced to validate their accounts ! I 
pressed for the production of these bills, and explained re- 
peatedly and particularly to Henry G. De Rham, as the 



43 



wnly merchant among the arbitrators, the propriety of pro- 
ducing the bills, by which we might obtain a knowledge of 
the quantity of the articles, and of the prices paid for them ; 
and above all, acquire the means of judging whether these 
articles, for which such large suras had been expended, 
were actually used in the construction of these vessels, and 
whether they really existed on board of them, as a part of 
their equipment. I alleged, amongst other reasons, the 
general and invariable rule with all the merchants of the 
world, of specifying the nature of their charges, so as to 
make it appear at once, not only what the articles were, but 
also the quantity or the weight of them, together with the 
price paid therefor. I pointed out repeatedly to him that 
we saw, for instance, in the account of Messrs. Howland, 
the sum of $19] j3#2 03 for Smith & Demon, the ship car- 
penters ; b »t whether it was for timber or for labour, how 
much there was of the one and how much of the other, we 
had no means to ascertain by their account, without the 
production of the bills of parcels. We see, said I, in the 
account of Messrs. Bayard, the sum of $ 22,308 6 paid to 
Boston Manufactory, &ic. ; but what is the quantity, what 
is the price, and whether the thing has been employed in 
the construction of the Hope, or to some other purpose, we 
have no light to go by, without the production of the bills. 
Whether Mr. De Rham is not accustomed to this plain 
and intelligible way of making up accounts— whether he 
understood what I meant by these suggestions, or whether 
he did not wish to understand them, I am not able to say 
for .... he was mute on all these occasions. 

In order to set these accounts right, in part, both my 
counsel and myself called the attention of the arbitrators, 
more than once, to the mysterious loss of the shot and 
grape by the shipwreck of the schooner Exchange. These 
shot and grape were delivered to Mr. Wallace, agent for both 
houses, by Gen. Mason, in Georgetown, about the 15th Feb- 
ruary. Mr. Wallace shipped them on board the Exchange, 



44 



This schooner, on her way to New-York, was lost on the 
27th March. I arrived here from England about fifteen days 
after; and the houses not only kept me entirely ignorant 
of this loss, but continued, in all their accounts, to bring in 
these shot and grape as being on board our frigates ! ! 
Nay, the arbitration was nearly closed without our disco- 
vering this fact ; and it was only then, and not before my 
letter reached New-York with this information, that they 
were compelled to confess and admit the truth. I com- 
plained before the arbitrators of their having kept this mat- 
ter secret from me. I asked whether they had effected 
any insurance upon these articles. They answered, No ; 
because, as they pretended, they did not know of the ship- 
ment when made. How they were ignorant of this ship- 
ment, it is difficult to explain. The shot and grape were 
delivered by General Mason, and drawn for long before ; 
and, if I am not misinformed, they were shipped thirty or 
forty days before the wreck happened. I requested the pro- 
duction of the correspondence between these two houses 
and General Mason concerning this matter. It will scarcely 
be believed that this correspondence, so necessary to expel 
suspicion, has never been produced ! For several days 
they continually kept up a promise of producing it from 
day to day ; till at last, when required to bring it forward, 
they produced a part of the letters of Gen. Mason, but not 
one relating to these shot and grape ; though the letters 
which were produced referred to others, and they declared 
that the other letters which they had received from that 
gentleman, were lost or mislaid- Mr. Wallace, to whom 
the shot and grape had been delivered, and who superin- 
tended their shipment, wrote a letter to the houses on the 
subject, as he testified, advising of the shipment ; and it was 
stated by them, that this unfortunate letter had never been 
received. How a merchant can thus miss the letters of his 
correspondents, it is difficult to understand. I proposed 



4§ 



then, as the only? 4 course that remained to elucidate the 
truth, to apply to General Mason for a statement. The 
high standing of this gallant officer, the general reputa- 
tion he enjoj^s for his established integrity and honour, 
ought to have induced the houses rather to court than re- 
fuse his information on the subject. They or their counsel 
declined it, by saying that General Mason must come here, 
and then his statement might be received as evidence. 
This, as it may easily be supposed, it was impossible to 
obtain. 

I add here, as an illustration on the subject, that every 
other article concerning the construction or equipment of 
these vessels, and the vessels themselves, have constantly 
been insured; and the premiums paid, from the beginning 
to the end, amount to $4,741 18, as per their accounts and 
after-disbursements in the Appendix here annexed, may be 
seen. Let me be understood : I do not know, and the ar- 
bitrators, who were to examine their accounts, will never 
pretend to know, whether the above amount of premiums 
has or has not been paid as charged ; for in spite of my 
continual, of my daily, of my incessant demands for these 
policies, I may say, (and the arbitrators will never dare to 
deny this fact,) they have but partly been complied with, 
onlv six policies of insurance having been produced, viz. 
five by Messrs. G. G. & S. Howland, bearing a premium 
to the amount of $266 30 the whole of them, and one by 
Messrs. Le Roy, Bayard & Co., for the amount of $59, 
making, both together, $325 30 ; which, by deducting 
from the whole amount charged in their accounts, as above 
stated, namely, $4,741 18, there are remaining $4;41 5 88, 
for premiums alleged to have been paid, without producing 
a single policy, or other paper or document, to substanti- 
ate such an amount! And yet the impartial, the just, the 
conscientious arbitrators have allowed it ! — and yet, in 
spite of such an allowance, the loss of the shot and grape 3 



46 



with 10 per cent, commission, has been thrown upon the 
poor Greek nation ! ! ! by three arbitrators, instituted by 
mutual consent to investigate and administer justice ! no- 
thing but justice ! ! I 

It would have been endless to go through and examine 
the whole of their accounts. The magnitude of the transac- 
tion — the abhorrence manifested by both houses, but par- 
ticularly by Messrs. Le Roy, Bayard &t Co., as to pro- 
ducing their respective bills, and which were never produced 
— the equally singular sparingness in the production of the 
vouchers, which were never wholly brought in during the 
arbitration — and several other causes, would render the 
examination equally as impossible and unsatisfactory, as it 
would be tedious and disgusting to the reader, i cannot, 
however, help remarking, — and this for the purpose only 
of giving to the reader a small specimen of the economical 
plan so repeatedly recommended by the deputies, and as 
often promised by both houses, — that $50,000 have been 
paid, in the construction of two frigates, for the use of two 
ship-yards, and the exclusive services of their masters, for 
the space of about six months ! I appeal to the good sense 
and impartiality of the inhabitants of New-York, who 
know these identical ship-yards, to pronounce whether, 
with less than that amount, both these yards might not be 
bought! And yet these three ministers of justice have con- 
demned Greece, so universally sympathised with — Greece, 
so by subscriptions assisted and encouraged, to pay this 
enormous amount ! swelled with the addition of five thou- 
sand dollars, for the 10 per cent, commission of the houses ! 
— ten per cent, commission upon these, and many other 
similar expenditures, awarded by these ministers of justice, 
as a proof of their approbation of the meritorious and un- 
blemished administration of those sacred and sole resources 
of one million of Christians, struggling with equal suffer- 
ings against both famine and despotism ! 



4? 



After what I have said, and shown upon their own ac- 
counts of disbursements, a few words remain to be said in 
explanation of their statement of exchange on their drafts 
on England. The reader will see in the appendix, Nos. 1 and 
2, two statements of the proceeds of 210,000 pounds ster- 
ling drawn by Messrs Le Roy, Bayard & Co. and by G. G. 8s 
S. Howlaud. The bills for 55,000 pounds, which were 
last drawn, were returned protested, and on these bills the 
houses claimed daji^.g: s, &c. to the amount of 60,000 dol- 
lars. The deputies, as 1 already stated, in intrusting to 
these two houses the purchasing or building of the two fri- 
gates, sent to them a credit of 50,000 pounds on Samuel 
Williams. After having drawn the whole of this amount, 
both houses upon the allegation, the untruth of which has 
already been shown, of having expended every cent, drew 
again on Messrs. Ricardos 25,000 pounds more. Mean- 
while the deputies, faithful to their promises of furnishing 
them again with new credits, remitted to both houses anoth- 
er confirmed credit of 30,000 pounds on Messrs. Ricardos. 
This credit being exhausted by their drafts, drawn upon 
the same false allegation, both houses applied to Messrs, 
I. Is S. Ricardo with a request to open to them such an 
unlimited credit as would enable them to complete the two 
frigates. This request being communicated to the depu- 
ties, they immediately caused Messrs. Ricardo to give a 
new credit of 25.000 pounds to both houses, viz: 13,000 
to Messrs. Le Roy, Bayard & Co. and 12,000 to Messrs. 
G. G. h S. Howdand. The deputies, now looking to the 
estimate sent in the beginning by Messrs. Le Roy, Bay- 
ard & Co. and to the joint declarations and professions of 
both houses, that " the construction by days' work was the 
most economical plan," that they "were convinced after a 
scrupulous examination that a great saving would result 
from this plan," Stc. &c. — thought this sum quite sufficient, 
and in remitting it on the 15th day of October they make 
me of these plain and intelligible expressions : "We hope 



48 



that this sum will be sufficient to provide for what remains 
yet to be done." However, these houses, without waiting 
an answer to their application to Messrs Ricardo, drew 
again, as we have seen, 50,000 pounds more on the 22d, and 
31st of October, these drafts also, as I have already sta- 
ted, were accepted and paid. 

A stop to all further drafts would resonably be expected, 
after their declaration of the 3 1st of October, made by 
both houses. By this letter, as we have already seen, they 
inform the Deputies, far the firm time, that one million and 
two hundred thousand dollars will be the final cost of the 
two frigates, and c 11 upon them to make arrangements 
with their respective friends, Messrs. Baring, Brothers and 
S. Williams for the exact payment of that cost : meanwhile, 
they say, we will continue to furnish our drafts upon the 
house or houses that you shall point out to us.* After such 
a declaration, and having in their possession a very large 
amount unexpended, as was proved before the arbitrators, 
upon what pretext did they draw 30,000 pounds more on the 
23d day of Nov viz : 23 days after their above declara- 
tion ? Nor did they rest here. For soon after the letter, with 
the credit sent by the deputies on the 15th of October, ar- 
rived in New-York. Will it be believed ? In spite of 
what they had already drawn, in spite of the clear mean- 
ing of that letter, in spite of their declarations as above, 
and in spite of the subsequent letter of the deputies to 
Messrs. Howlands, of the 21st of November, they drew 
again the whole amount of 25,000 pounds. I correct the 
expression, they did not draw, they were too prudent to 
sell bills, the protest of which they must have expected, 
they remitted their bills to their friends in London for col- 
lection, and against this remittance there was not the slightest 
evidence before the arbitrators, that they had sold a single 

* Nous eontinueroas a fournir aos traites sur la maisoa ou les mai- 
sons que vous nous indiqueres, mais nous vous demandons de faire un 
tlopot eatre les alaias de nos amis a Londres. 



49 



bill, and yet upon the protest of bills thus drawn without 
authority, remitted for collection, and returned without the 
loss to them of a single cent, these conscientious merchants 
claim from the deputies the moderate damages of 60,000 dol- 
lars. Thus much for the damages. 

I now pass to examine the nature of the claim of Messrs. 
Howlands for 7500 pounds, said to have been lost by the 
failure of Mr. Samuel Williams, and which they claim from 
the deputies, without ever having previously informed them 
of such a pretension. A few words on this subject will be 
enough. Both houses, rather than wait the receipt of con- 
firmed credits, as promised by the deputies, and that they 
might obtain as much money as they could, and in the quick- 
est possible way, represented constantly to the deputies that 
they were in advance, for which they were obliged to draw ; 
instead however of selling these bills, as they were accus- 
tomed to do, with the confirmed credits, they remitted these 
unauthorized drafts to their friends for collection. Unfor- 
tunately for Messrs. G. G & S. Holland, their friend in 
London, Mr. Samuel Williams, failed during this transac- 
tion, and having 7,500 pounds in hand, which he had re- 
ceived through their bills on Messrs. Ricardo, (as they say,) 
they resolved upon throwing this loss, without further pre- 
face, upon the Greek nation. In vain did I represent t@ 
them the impropriety of this claim. In vain did I produce 
their letter of the 23d of May to, and the answer of the 23d 
of June, from the deputies. They were determined upon 
extorting this sum ; believing that our fears of the loss of 
both ships, from the illegality of the transaction, would com- 
pel us to allow all their claims, whether right or wrong. 

I cannot give a stronger proof of the intentions of the 
houses, thus to avail themselves of the illegality of this 
transaction, nor can I bring a better confirmation in support 
of my narrative of what passed between us shortly my after 
return from Washington,* than by inserting the following 
extract from a letter addressed by both houses to Messrs. h 

7 



& S. Ricardo, under date of the 15th of February last. 
" We must repeat, that as to the ships we know only the 
t£ deputies in the business, and even the deputies cannot ob- 
" tain the possession of the vessels without our consent ; for 
" should an effort be made to seize them, they at once be- 
H come the property of our government after our demands 
"are settled." 

The same irregularity, which so pre-eminently characte- 
rizes the whole of this transaction, exists also in their state- 
ments of exchange, as may be seen in the appendix, Nos. 1 
and 2. No dates of their drafts on London ; no particular 
specification of the rate of exchange at which their bills were 
sold : all we know, from these statements, is, that in such a 
month, such a sum was negotiated ; but as for the particulars, 
and the reason why the exchange of Le Roy, Bayard &, Co. 
is two and three per cent, below the market price, we are 
left entirely in the dark. 

After what we have already seen, as to the course pur- 
sued by these two (Houses throughout all this transaction, 
we ought not to be surprised at the fourth and fifth of their 
claims. Their fourth claim, it must be remembered, is for 
a commission upon the re-sale of the Liberator ! if they 
think proper to do so, I do not say with what justice, but 
with what propriety, could they ever have brought such a 
disgraceful claim? This I am unable to conceive. Rea- 
sons of a peculiar character, as already stated, forbid 
me from laying before the reader the manner in which the 
sale of the Liberator was effected ; I confine myself there- 
fore to the production of one of their letters, by which it 
will be seen, that they not only did not co-operate in 
the least in the selling of this vessel, but that they were also 
wholly ignorant of what I was doing in Washington. This 
letter is dated the 1 6th of May, from New-York — the very 
day in which the resolution was carried through—and sign= 
e& by LeRoy, Bayard Sc Co. : it runs as follows: 



*See page 31. 



51 



•' We have this morning received your esteemed letter of 
" the 1 2th, and with great satisfaction observe, that you 
,; entertained early hopes of making such arrangements as 
would enable you to expedite relief to your country. We 
;i also observe that in a few days you may be expected 
i; here. If the expectations you entertain are founded upon 
il the Mexican Government, we shall be pleased; and the 
" advantage which that government would derive at the 
i; price suggested to you. is manifest, for we have the ac= 
M counts of the cost of the two furnished to Colombia by 
" Mr. Eckford, which cost together about $ 1200,000, and 
" certainly not so well provided as ours." 

After the perusal of this letter, considering what they 
themselves acknowledge, that this was effected in order to 
enable me to send relief to my country, is there a merchant, 
1 do not mean a prominent merchant, nor a friend to Greece, 
as they continually professed themselves to be. but a mer- 
chant shameless and selfish enough to advance, and much 
less to persist, in a claim for a commission on the sale of a 
property, the title of which was divested from them, as ex- 
plained in the submission, and the sale of which was post- 
poned on account of their claims? ! 

Their fifth claim is, as we have seen, a commission upon 
the balance of their disbursements. I have reason to doubt 
the accuracy of the impressions which I had at first form- 
ed, in regard to the meaning of this claim. I am yet 
utterly unable to understand it. For this reason, and as 
their counsel never alluded to it, or attempted to explain 
it, before the arbitrators, I pass it over without further re- 
mark.* 

* Xote to second Edition. This claim was this — that inasmuch as the busi- 
ness had been taken out of the hands of the houses before its completion, they 
were entitled to the sums they would otherwise have expended in the fin- 
ishing of the frigates. This "was estimated at about 4100,000 for each ship-, 
and :f allowed, would probably have given to each of the houses $10,000 more. 



As I aai approaching again these unheard of eommis 
sions, I think it will be acceptable to the reader, before I 
enter into the discussion of this topic, to lay before him the 
amount of commissions demanded by both houses for the 
building of two frigates, if completed by them according 
to their letter of the 31st of October : 

Drafts on London, to the amount of $'1200,000, at 
per cent. - - - - - $ 30,000 

Commission on their disbursements on 

$ 1200,000, at 10 per cent. - - 120,000 

$ 150,000 

Yhis is the rate of commission as charged by these friends 
of Greece — what would they have charged had they been 
her enemies ? But let me proceed to examine the ground? 
upon which these commissions have been claimed. 

In the course of the discussions to which this transaction 
has given rise, much has been said of the great pecuniar} 7 
risk which the two houses incurred in executing the orders 
of the deputies. Indeed, this is the topic upon which the 
friends and advocates of the houses have principally dwelt, 
in seeking to defend or palliate the unprecedented commis- 
sion of ten per cent, on their expenditures, and two and a 
half on bills drawn, which these faithful agents, in the 
ab ndance of their love for Greece, charged against their 
employers. It is quite out of my power to refute, for I 
have not been able to comprehend, all the fine reasoning 
that I have heard on this subject. I am a plain man, a 
merchant, a foreigner, and have no skill, (I do not profess 
to have any in legal mysteries,) but I can understand facts, 
and I hope I can relate them truly ; and it is to the evidence 
of facts that I wish to draw the attention of the public, that 
they may determine whether my complaint that my coun- 
try has been treated with gross injustice, be well founded. 



&3 



My object, in this narrative, is not argument, but simply to 
&tate and to prove all the material circumstances, from 
which candid men will be able to draw their own conclu- 
sions. Let the reader, then, attend to the following facts, 
and let him then say whether this assertion of an extraor- 
dinary risk be founded in truth, and if he be a merchant., 
let him ask himself the question, for what commission would 
he have been willing, under the same circumstances, to have 
executed the same order ? 

In the first place, the two houses were not required to 
make any advances, for the repayment of which they were 
to trust the faith or solvency of the Greek government, 
This would, I confess, have been a great risk, which, per- 
haps, no prudent merchant, looking only at the situation of 
my unfortunate country, would have undertaken at all, and 
certainly not unless at a high premium ; but I repeat, this 
^as not the case, and it is, therefore, idle to talk of the dan- 
ger which the houses incurred by trusting the Greek go- 
vernment, for in fact they never did trust them, nor ever 
were required to do so. The security to which they look- 
ed was a fund of more than one million one hundred thou- 
sand pounds sterling, then in the hands of the Messrs. Ri~ 
oardo of London, a house of the highest respectability, 
•and of which, the principal partner and founder, (the great 
political economist) had lately died, leaving a fortune of 
more than four hundred thousand pounds sterling. That 
this fund was in the hands of the Messrs. Ricardo, they 
knew, because an attested copy of the contract for the loan, 
of which it was the produce, was sent out to them. The}- 
knew, also, that it was under the control of the deputies, 
and that they intended to apply it, and were directed by 
their government to apply it, to the construction of a naval 
force. They, therefore, knew that the deputies were fully 
able to comply with their engagement, that confirmed cre- 
dits should, from time to time be transmitted, as the exi- 
gencies of the work might require, 



54 



It was not then, let it be remembered, upon the faith of the 
Greek government, but upon the foundation of credits, to 
be confirmed by houses of the first standing in London, 
that these ardent friends of Greece accepted and began the 
execution of their trust. Indeed, I cannot help thinking, 
that the Messrs. Bayards and Howlands when they commen- * 
ced the building of the vessels, so far from being alarmed 
as to their security, were too secure, and that it is not to 
their want, but to their excess of confidence, that the evils 
that have ensued must be imputed. The premature disclo- 
sure of the magnitude of the funds in the hands of the 
Messrs. Ricardo, the one million one hundred thousand 
pounds sterling, I regard as the most unfortunate circum- 
stance in the whole transaction, — the origin of all our dif- 
ficulties, — the fountain whence the " bitter waters have 
flowed. " Had they been told that the means of the deputies 
were limited to one hundred and fifty-five thousand pouncjs 
sterling, the sum which they have actually received, I do 
not believe that they would have refused the order, on ac- 
count of the insufficiency of that amount. They would 
then have ascertained, (as beyond a doubt they might have 
ascertained) that seven hundred and fifty thousand dollars, 
for which Greece now receives one frigate in exchange, 
would be amply sufficient for the building, arming, and 
equipping of two, leaving a very handsome surplus for 
mercantile commissions.* To be sure, had these been the 

* The Brandy wine, the largest and finest frigate in the service of the 
United States, it was proved by a certificate from the Navy Depart- 
ment, cost only two hundred and seventy-three thousand dollars. It is 
said, indeed, that the government have the means of building more 
cheaply than individuals, but without entering into any calculations on 
the subject, who is so ignorant as not to know that a government, and 
that for obvious reasons, always pays for every thing at the highest 
rate ; a truth so well known, as almost to have become proverbial. The 
Brandywine, let it be also remembered, was built of seasoned live-oak 
-—our frigates, principally of unseasoned white-oak. 



known limits of the funds to be expended, a very differ- 
ent plan of operations from that actually pursued would 
probably have been adopted. Real and vigilant economy 
would have been substituted for professions, and an enlight- 
ened regard to their own interests, the necessity of a sur- 
plus to answer their own commissions, would have secured 
that aid to Greece, which their passionate and disinterested 
ardour in her cause, so often avowed in their letters, has 
failed to obtain. The vessels, instead of being constructed 
of the largest size, would have been built in conformity to 
the estimate in the letter of Messrs. Le Roy and Bayard, 
and in conformity to the instructions of the Greek govern- 
ment, of fifteen guns per side. The valuable services of 
Captain Chauncey would doubtless have been lost ; but 
then the $11,500 paid to that gentleman, besides travelling 
expenses, &c. would have been saved, and the same ser- 
vices would have been rendered by an intelligent ship- 
builder for one-tenth of that worthy officer's compensation. 
There is no hazard I think in saying, that fifty thousand 
dollars would never have been paid to the ship-builders, for 
the use of their yards for a few months, and their personal 
services in superintending the work and in purchasing the 
timber. No ! such a payment might have entrenched on 
the commissions, instead of increasing them, and would 
therefore have been most unwise, but the services of the 
same persons, or of others equally capable, might have 
been procured at the accustomed rate of $4 per day ; and 
instead of demanding nearly the whole value of their 
yards, for their temporary use, a rent at the rate of 10 per 
cent, on that value would probably have satisfied them, and 
thus a saving of not less than $35,000 dollars would have 
been effected in this single item. The very " careful and 
scrupulous examination of all the details," which in their 
letter of 14th May they profess to have made, would, I 
admit it to be probable, have led to a different result, and 



JO 



this very economical, but somewhat unusuai plan, would 
have been rejected, instead of being embraced. They 
would have discovered that no undertaking could well be 
more imprudent, than the adoption of such a plan by per- 
sons not peculiarly skilled in building frigates, nor capa- 
ble of superintending personally the workmen they em- 
ployed. Especially would they have deemed it impru- 
dent, at a time when materials and wages were daily ad- 
vancing in price, an advance which, as was predicted, their 
mode of building and purchasing was sure to sustain ; but 
then, I doubt not that an " advantageous contract" would 
have been made with the sagacious Mr. Eckford ; notwith- 
standing his pretension of making " exorbitant profits," 
and his distinct proposition in his letter to General Lalle- 
mand, to build the frigates three months sooner, and at a 
less sum than any other person in the United States, compe- 
tent to give security for the performance of his engagement, 
would contract for, instead of being rejected on the alle- 
gation that other arrangements had been made, would have 
been at once and most readily acceded to. Finally, the 
United States, it is true, would not have acquired one of 
the frigates for $225,000 less than the cost to Greece, but 
then the friends of Greece would have been consoled by 
the reflection, that both were employed in her service, and 
would probably be the instruments of securing her inde- 
pendence. 

But to return. Let us proceed in endeavouring to cal- 
culate the risk to which the two houses were exposed, and 
which has been urged to justify commissions which it is 
admitted would otherwise have been extravagant and un- 
just. They commenced their operations with a credit on 
Mr. Williams, confirmed by that gentleman, for £50,000, 
in other words, with the guarantee of Mr. Williams that 
their bills to that amount would be accepted. At the time 
this credit was received and used, the solidity of Mr. Wil- 



57 



liams was unquestioned, and bills drawn on him and known 
to be authorised, were considered as good in the money 
market as bills drawn on Rothschild or the Barings. It 
is not denied that the two houses in drawing against this 
credit incurred a risk. It was certainly possible that the 
failure of Mr. Williams or other causes might prevent the 
acceptance or payment of the bills which they sold, and 
which would then be returned, loaded with costs and da- 
mages. But was this an extraordinary hazard, to be 
compensated by a premium before unheard of? No — 
so far from being greater, it was, under the peculiar circum- 
stances, in fact much less than the risk usually incurred by 
merchants, who, for the accommodation of others, draw or 
endorse bills on foreign correspondents, and for doing 
which %h per cent, is the highest commission which 
usage sanctions. The avails of such bills are generally 
paid over on account of those for whose benefit they are 
drawn, so that the merchant lending his name and credit, 
exposes himself to a loss to the full amount of the bills and 
consequential charges, with no other security than the per- 
sonal responsibility of the parties. Such is the usual risk 
compensated by the usual commission, but not such was 
the risk incurred by the Messrs. Bayards and Howlands. 
In the first place, it was improbable in the highest degree 
that even the failure of Mr. Williams would have prevented 
the payment of the bills. Indeed, it may be affirmed as a 
certain fact, that it would not ; for the bills, although dis- 
honoured by Mr. Williams, would have been accepted and 
paid by the Messrs. Ricardo, out of the funds and under 
the orders of the deputies. In the next place, the two 
houses did not part with the funds arising from the sale of 
their bills. They drew on Mr. Williams in the month of 
May, and it was not until nearly three months after this 
period that the keels of the frigates were laid, so that the 
larger portion of the £50,000 remained unexpended in 
their hands until the bills were not merely accepted, but 

3 



Ob 



paid, and the other part had been employed in the purchase 
of materials, of which they had the control and posses- 
sion ! In no event, therefore, could the loss of the Messrs. 
Bayards and Howlands have amounted to the sum drawn 
for, or in truth, have much exceeded the interest and da- 
mages. But was this, many will ask, the whole risk to 
which these gentlemen were exposed ? Have we been de- 
ceived and misled when we have been told that so heavy 
were their reponsibilities on account of these frigates, that 
had their bills been unpaid, their ruin would have been the 
consequence ? Is there no truth in the representations that 
have been made on this subject, and by the active circula- 
tion of which the public indignation has been. averted or 
suspended ? Let facts answer these questions. — Strange 
as it may seem, after all that has been said, the bills drawn 
on Mr. Williams involved the sole hazard to which the 
houses were exposed from the beginning to the close of 
their agency. They involved the sole hazard ; for at every 
subsequent period the funds in hand unexpended, together 
with the work done and the property in possession and 
to be delivered, were more than sufficient to protect them 
against all their existing responsibilities. I make this as- 
sertion understandingly ; and if it be denied, let the ac- 
counts be produced as exhibited before the arbitrators, and 
the friends I leave behind me will demonstrate its truth. 
Nor is the explanation of this at all difficult. The build- 
ing was not by contract, but by days' work, and therefore 
could at any time be stopped ; and all the principal con- 
tracts for materials, armament, &c. were postponed until 
the months of September and October — that is, postponed 
until more than £100,000 sterling had been actually re- 
ceived ! Let me make an additional statement, which will 
be of itself sufficient to prove the truth of my assertion to 
some, and illustrate my meaning to all. The sum finally 
awarded to the two houses, covering all their advances and 
engagements, and including $80,000 for commissions, was 
about $156,000, a larger sum than they were ever liable 
for beyond the funds in hand at any previous period. 



59 



Now let us suppose they had sold their bills for this mm, 
which had returned protested, where would have been iheir 
loss? The monies arising from the sale of the bills would 
have met the principal, and the vessels on which nearly 
$ 800,000 had been expended, would surely have been a to- 
lerable security for interest and damages, in addition to the 
sum which (the bills being unpaid) would have remained 
due to themselves. Now take any previous period after 
the payment of the £50,000, and the same result will be 
produced ; for in the same proportion that the value of 
the work done and materials purchased is diminished, the 
fund of monies unexpended will be augmented. In con- 
clusion let me ask my readers, and especially rny mercan- 
tile readers, whether any example has occurred of a tran- 
saction of such magnitude, involving so large an expendi- 
ture, that imposed less responsibility and promised more 
certain profits to the agents employed ? I mean, of course, 
pecuniary responsibility; for the moral responsibility, events 
have rendered serious indeed. 

It is, therefore, upon some other ground than the risk 
incurred, the perils to which the credit and fortunes of the 
two houses were exposed, that commissions and charges, 
without a precedent in the history of honourable mer- 
chants, must be defended. Other reasons, of a very dif- 
ferent character, must be assigned, — (none such have yet 
been produced,) — or the public will concur with me in 
saying, that a charge of more than $140,000 (including 
the claims of Captain Chauncey and the ship-builders,) 
for commissions and superintendence, on an expenditure of 
$750,000, was most extravagant, unconscientious, and un- 
just. It is an abuse of language, to call this compensa- 
tion. Other terms, much more expressive of its true cha- 
racter, will at once suggest themselves to the mind of the 
reader. How is it possible to forget ander what peculiar 
circumstances this charge has been made and allowed. 
How can I help recollecting under what professions of 
zeal for freedom, and devotion to the cause of my country ^ 



60 

the confidence of the deputies was solicited or accepted! 
How can I banish from my mind the present situation, suf- 
fering's, and prospects of my country, or conceal from my 
conscience the fact, that from her dearly-earned, and per- 
haps her last resources, and in the very crisis of her fate, 
a sum so enormous has been deducted ! — and deducted — 
it is torture for me to add, it will be torture to my coun- 
trymen to hear — by American citizens ! — by citizens of the 
very nation, upon whose not merely justice, but upon 
whose generous and active sympathy we had most confi- 
dently relied, to cheer and support us in our fearful struggle ! 
To the individuals concerned, — I am sure I speak what 
will be the sentiment of the civilized world, — nothing re- 
mains but repentance and reparation : but the stain which 
this transaction would otherwise fix on the character of a 
moral and high-minded people, the indignant disavowal 
of that people, expressed in language not to be misunder- 
stood, I know will speedily and for ever efface. 

But there is still one other ground on which these exorbi- 
tant commissions have been defended. At an early period, 
Mr. Wm. Bayard, jun. told General Lallemand, that it was 
his intention to charge commissions at a rate of 10 per 
cent. ; and General Lallemand made no repty, believing, 
as he himself testified, that the amount of the commission 
must remain for future settlement, according to the nature 
and difficulties of the trust, and attaching no importance to 
a communication which he did not conceive himself bound 
to consider or answer. And this silence of General Lalle- 
mand, on a subject on which he had no right to speak or 
to act — a subject to which, even according to his own in- 
terpretation, his powers did not extend — this is to be re- 
ceived as evidence of an agreement by which the deputies 
were bound ! ! !— an agreement, of which it was admitted 
they had no knowledge or information, and which was not 
even communicated to the Messrs. Rowlands, who never- 
theless claimed its benefit. To say another word on this 



6L 



subject, would be an insult at once to the understanding 
and the conscience of my reader. I will only ask, — Is it 
upon the ground of this agreement, that the arbitrators 
will dare to place and defend their award before an intelli- 
gent public ? 

In order to prepare the reader for an award, which has 
so manifestly shocked the moral feelings of the commu- 
nity, and which public indignation has so nobly condemn- 
ed, it is necessary to state, that immediately after the 
closing of the arguments of the opposite counsel, and be- 
fore the counsel who was to reply in behalf of the deputies 
had begun the summing up of the case, he was accosted by 
a gentleman belonging to one of the houses, and inquiries 
were made as to the course of discussion he meant to pur- 
sue. The answer was given with an entire frankness : " I 
shall feel it my duty to insist, that the houses violated their 
trust, that they deceived the deputies by misrepresentations, 
and that they wasted and mismanaged the funds entrusted 
to them." On the next morning, the 21st of July, before 
my counsel commenced his argument, the opposite counsel 
suggested to my own, the possibility of an amicable ar- 
rangement. I listened with pleasure to the proposition of 
the houses ; which were to deduct from their claims — 

1st. The damages on the protested bills, about $ 60,000, 

2d. The £7,500 lost by the failure of Mr. S. Williams, 
amounting, with damages, to about $42,000. 

3d. The commission of 2 1-2 per cent, on the bills 
drawn, about $18,000. 

That is, they offered, (a coincidence difficult to be under- 
stood, and almost impossible to be explained,) to deduct the 
only, and the identical items, afterwards deducted by the ar- 
bitrators themselves ! 

* Note to second Edition. The exact amount is $43,333 33. 

The following is a copy of an explanatory note in a short account current, 
in the hand-writing of one of the Messrs. Howlands: — "From the statement 
of Exchange made by G. G. & S. H. is deducted the loss of £7,500 with 
damages and re-exchange — say in all $43,333 33." 



62 



The obstinacy of the houses, in refusing to reduce the 
extravagant double five per cent, commission upon their 
disbursements, — (their motives for adhering to which, the 
result of the award may perhaps explain). — prevented an 
arrangement from being concluded. The arbitrators, who 
were waiting the issue of this negotiation, upon being in- 
formed that the arbitration must proceed, suggested, most 
prudently, no doubt, and with the best possible intentions, 
the propriety of closing the doors against all but the par- 
ties interested. The reason alleged for this course, by his 
Honour Judge Piatt, was, that the argument of my counsel 
might possibly show the transaction to be illegal, and con- 
sequently, that the ships were liable to forfeiture, a danger 
to which they ought not to be exposed. No man will deny 
that this was a sound reason ; but what no man of common 
sense will be able to understand, is, why this wise and pru- 
dent course had not before been adopted f and why the 
necessity of adopting it had not before occurred to the 
mind of his Honour Judge Piatt ? Whether the transaction 
was legal — whether the vessels were liable to seizure, — 
were points which Mr. Emmet had before discussed at 
great length — and during the whole of his argument, the 
doors were open. Why were the same doors now to be 
closed, during the discussion of the same subject ? It was 
obvious, that if any mischief was likely to result, thai mis- 
chief was already done ; and therefore my counsel and 
myself remonstrated in strong terms against this measure, 
as oppressive and partial. But we were overruled by the 
arbitrators, and it was with closed doors that my counsel 
was compelled to address them. Let us now examine the 
award, which was the result of the conclave. 

This is a faithful narrative of the whole transaction as it 
was laid before an arbitration instituted to examine, in- 
vestigate and decide according to the laws and usages 
of this country. This arbitration was composed of 
Henry C. De Rham and Abraham Ogden, Esquires, and 



63 



Judge Piatt, who acted as chairman. These three arbitra- 
tors were principally, though not exclusively, engaged for 
the space of thirty days, but the actual sittings on the re- 
ference were nineteen days only. After having seen all the 
documents alluded to in the present narrative, the arbitra- 
tors gave their award on the 27th of July, of which a copy 
will be found in the appendix, marked No. 9. 

In spite of my repeated requests that an award raisonne, 
should be given for my own justification, and for the satis- 
faction of my government, their award, as is seen, is such 
that I should be at a loss to account for the balances award- 
ed to both houses, had they not, most unfortunately for them 
and fortunately forme, given along with it two accounts cur- 
rent, without signature, it is true, butjwhich, being framed by 
themselves, enabled me to understand the grounds upon 
which they had proceeded. Copies of these accounts will be 
seen in the appendix, marked Nos. 7 and 8, which I propose 
to examine as briefly as possible ; for the frigate, in which I 
am about to depart, is on the eve of sailing, and therefore I 
cannot examine in detail all the enormities of this unprece- 
dented award. In looking over these accounts, the first 
thing that will occur to the eyes of the reader, are the dates 
of the proceeds of the drafts on London, and the " com- 
mon epoch" selected by the arbitrators in making up their 
interest account, as the medium time of the disbursements 
for the construction of the vessels. In the first place it 
will be asked, why the proceeds of the drafts, as in the ac- 
counts, stated by the arbitrators, (as per appendix,) do not 
correspond at all with the original accounts given by the 
houses ? And secondly, it will likewise be asked, why in 
this common epoch of disbursements, a commission of ten 
per cent, is added to the general amount from the 28th of 
November ? Did not the houses make up and deliver 
their final accounts of disbursements on the 5th and 1 5th 
of June I Why then, is a commission of ten per cent., 
amounting to about 80 5 OQQ dollars, inserted as far back as 



64 



the 28th of November ? These difficulties, I must confess, 
occurred to me when I received these accounts. On re- 
flecting, however, upon the general course pursued by 
these three arbitrators in all this transaction, I soon found 
out, that as I had claimed the benefit of an interest ac- 
count, calculated upon the disbursements, from the several 
periods when made, as stated by the houses themselves, 
amounting to about 16,000 dollars, and as the arbritrators 
could not possibly deny to me altogether that benefit, they 
invented these imaginary dates, so that by postponing, on 
the one hand, thirty, forty, and in some instances, fifty 
days, the proceeds of the drafts, drawn by the houses, ac- 
cording to their own letters,* and by throwing back to the 
28th of November, their disbursements, they, the arbitra- 
tors, might deprive me of such a just and reasonable 
claim. In spite, however, of this ingenious plan, there 
still remained a balance of about 7,300 dollars in my favour; 
and in order to lessen this sum, though not half the 
amount of what was in justice due, as above stated, they 
inserted 80,000 dollars for commissions, and by allowing 
an interest of eight months upon it, viz. 3200 dollars, as by 
an easy calculation may be ascertained, they brought 
down, by this double reduction, the balance due to me, 
on the interest account, to the sum of 4126. 97 dollars, 
only ! 

The second thing that will be observed is the commis- 
sion of ten per cent. The counsel of the houses, in pre- 
senting their claims, as I have stated, express themselves 
thus : " We claim commissions upon the amount of monies 
received and expended by us, as by account furnished" 

* Both houses alleged : First, not to hare always received cash in 
payment of their bills. And Secondly, to have sent to London for col- 
lection the unauthorized drafts. Why, then, did they draw at such 
terms, and with such a low rate of exchange, at a time when there 
was no necessity for it, and above all, why did they not mention it to 
the deputies ? 



Now then, the account furnished, nay, even the account of 
after-disbursements, delivered on the 25th and 27th of Ju- 
ly, viz : the very day of the award, as per appendix, bears 
five per cent, commission for each house. This is the ac- 
count furnished — this was before the arbitrators : and on 
this, and this alone, their award was to be founded. If 
the laws and usages of the United States, entitle the 
houses to such a double corumissioii of five per cent., in the 
name of justice, give it to them ; bat you, as arbitral . 
bound only to look at the doruments before you, have not,, 
nor can you have, according to the established principles 
throughout all the world, any right whatsoever to alter 
that principle. And here let me ask Messrs. Roy, 
Bayard &Co. what is become of their alleged agreement 
with General Lallemand ? If they considered that agree- 
ment as valid, why not charge, at once, ten per cent, com- 
missions upon both accounts, or at least upon their own ? 
But the arbitrators supplied that omission. They saw that 
a double commission, as asked by the houses, could not be 
awarded, and took upon themselves to supply its equiva- 
lent ! ! 

Upon further examining these famous accounts of the 

arbitrators, it will be asked : 

1st. Why the disbursements of the ship Hope, 
as stated by tiie arbitrators, (after-disburse- 
ments excluded.) amount to $397,569*91, 
instead of .£396,85.1.66, charged by LeRoy, 
Bayard &; Co. themselves r Wherefore this 
difference against the deputies of $ 71S.25 ? 

2d. Why the statement of exchange, without 
the deduction of 2| per cent, for commis- 
sions and brokerage, on £77,500 sterling, 
as rendered by G. G. S. Howland, amounts 
to $370,138.83, and why the statement of 
the arbitrators for that same identical sum. 

9 



00 



Amount brought forward, $ 718.25 
amounts to $369,607.94, only ? Where- 
fore this difference against the deputies, of 530.89 : 
3d. What means the banking commission in 
London, including these protested bills ? .'//* 
together, - - - - $4346.78 
and why interest allowed upon it to 
Le Roy, Bayard Co. only ? // 93.24—4440.02 

$5689.16 

In short, it will be asked, I say, what these items, making 
altogether $5689 16, mean, and why they have been 
charged against the Greek deputies ? 1 must confess, that 
I do not know any reason for it ; nor were such claims, as 
I can assure my reader, ever mentioned during the arbitra- 
tion. And as long as the arbitrators persist in refusing to 
explain this matter, I cannot help attributing the allowance 
of these items to some cause, which at least manifests the 
prudence of withholding all explanation. 

But to resume : At the end of these accounts, a deduc- 
tion of $503 90 will be observed in each of them, as over- 
charged by Capt. Wolcott Chauncey, and unless explain- 
ed, it will never be understood how it originated. 

In examining the accounts of the disbursements of the 
houses, (page 35,) I pointed out a sum of $S000 in the 
account of Le Roy, Bayard h Co. for " Requisitions" of 
Capt. Chauncey, and an other of $7000 on " Acc't Dis- 
burses" in the account of G. G. &i S. Howland. In the ac- 

* Both houses, as I have stated, whilst they sold their bills on con- 
firmed credits, remitted their arbitrary drafts for collection, withoutever 
mentioning 1 it to the deputies. The houses therefore never charged, 
nor pretended to such a commission, arising out of a transaction for 
their own convenience and purposes. This is not all : In the above 
banking commissions, the protested bills are included, viz. one per cent, 
commission for bills never paid, and, consequently, never collected .' 
and which identical bills, with the damages, were rejected by the arbi- 
trators ! ! ! 



67 



counts of after-disbursements of both houses, as may be seen 
in the Appendix, a further sum of $1000, ($500 by each 
house,) was charged as paid to the same Capt. Chauncey, 
amounting, altogether, to $16,000. Capt. Chauncey, after 
a great deal of difficulty, brought, towards the close of the 
arbitration, the amount of his disbursements, [a copy of which 
I have never been able to obtain since the award was given, 
notwithstanding my repeated applications,) amounting to 
$12,133 46. After such an account, a deduction for the 
surplus charged by the houses with 10 per cent, commission, 
would have been the just and natural result — the more so, 
as it has been discovered and acknowledged on all napds, 
that the separate $1 000, charged by Le Roy, Bayard Si Go. 
for £i Requisitions" of Capt. Chauncey, were charged by 
mistake, Capt. Chauncey having denied the receipt of that 
sum, and Messrs. Bayards acknowledging to have, charged 
it inadvertently ! Nothing further was heard or seen about 
this subject during the arbitration. A little before the 
award was to be given, and of course after the close of the 
hearing, a new account from Capt. Chauncey was present- 
ed to my counsel ; according to which, he, Capt. Chaun- 
cey, claimed $358 75 for new expenses, and $2664 for his 
additional services, over and above the $10,000 received 
for his services, as per accounts Nos. 3, 4, &c. in the Ap- 
pendix. This new claim having been presented to the ar- 
bitrators, my counsel lost no time, and there was no time 
to lose, (for, either that day or the day after, the award 
was to be given,) to inform the arbitrators in writing, that 
we protested entirely against that unjust and unreasonable 
claim, and against its being considered at all, the hearing 
being closed, and we being therefore without the power of 
repelling it by evidence or argument. In spite however of 
our protest, and without the least argument on this subject, 
the arbitrators not only allowed the $358 75, his new ex- 
penses, but allowed him also a further sum of $1500 for 
his services, over and above the $10,000 already received ! ! 



6S 

After these allowances, there was still a balance of 
$1007 79 remaining from the amount of $ 15,000 re- 
ceived by Capt. Chauncey, (not including the $1000 which 
the arbitrators were to deduct from the account of LeRoy, 
Bayard h Co.) and this is the sum credited by the arbi- 
trators' accounts to the deputies, viz. $503 90 with Messrs. 
Rowlands, and 503 89 with Messrs. Bayards. It will be 
asked, was there any ground to allow Capt. Chauncey this 
additional sum of $1500 . ? The reader can form his own 
opinion, after the perusal of what follows : 

What the real agreement was between the houses and 
Capt. Chauncey, I do not pretend to know, nor do the ar- 
bitrators. The only document presented by the houses 
during the arbitration, in order to validate the $10,000 
paid to that officer of the U. S. Navy, for his superintend- 
ence in the construction of the two frigates, is a paper with- 
out signature and without date, from which I make the 
following extract, as regards his services : 

" The success of an operation of the deepest interest to a 
" just and sacred cause, is reposed on the character of Capt. 
" Cbaum ey. As a compensation for his time, his services, 
" and the sacrifices made in accepting his present employ- 
" ment, Capt. Chauncey shall be allowed the sum of Ten 
" Thousand Dollars, for his superintendence of all the 
" operations relating to the building, equipping, and arm- 
" ingof the two frigates, until re»,dy to sail. Of this 
" sum, five thousand dollars shall be paid to him by the 
" house of Le Roy, Bayard & Co., and five thousand dol- 
" lars by the house of G. G. h S Howland, by the funds 

" PLACED AT THEIR DISPOSAL BY THE G&EEK DEPUTIES IX 

" London.* In case Capt. Chauncey shall, in consequence 
" of any resolution in committee, make any journeys from 

* And still a commission of 10 per cent, has been paid upon these 
sums ! ! ! 



69 



,; New-York, he shall be allowed for his indemnity five 
" dollars a day for every day's absence." 

Now, according to this document, and there was nothing 
else before the arbitrators, and Capt. Chauncey never made 
any complaint, or claim to the new compensation, during the 
arbitration, §10,000 were allowed to him for his services 
until the frigates were ready to sail. With what propriety, 
then, an officer of the U. S. Navy could raise such a claim of 
$266 !, and with what justice the arbitrators could have 
awarded to him $1500, over and above the $ 10,000 re- 
ceived, out of a fund entrusted to their care, — it is 

not for me to pronounce. 

But it will be asked, was Capt. Chauncey to remain 
eternally under such an engagement for the $10,000 he 
received ? But perhaps, before answering this question, I 
ought first to state the manner in which Capt. Chauncey 
brought forward this claim, and expose the ground upon 
which it was founded, 

This claim is explained in the account handed to me by 
the arbitrators, in the following manner — 

" For services rendered since 1st of March, at which 
iC time the vessels were ready to receive their provisions and 
" crews on board, to 1st August, 1S26 — five months^ 
" $2,664." How a captain of the United States Navy can 
make such incorrect representations as these are, I am not 
able to say. The fact is, that the vessels were not yet 
ready, even after my arrival here, on the 12th of April. I 
appeal to the gentlemen themselves interested in this tran- 
saction— -I appeal to their accounts — I appeal to the ship- 
builders, and all the men employed during the whole month 
of April — I appeal to Captain Chauncey's own estimate 
made up on the 20th of April* — and, last of all, to more 

* It begins thus. — " An Estimate of the expenses for completing 
read}* for sea, one frigate," How conld she then be ready on the 1st 
of March ? 



70 



than one hundred carpenters and labourers employed to 
complete this vessel before my departure from New-York. 
So much for the vessel's being ready on the 1st of March ! 

I now pass to the question of Captain Chauncey's re- 
maining eternally under such an engagement. First of all, 
it has been proved during the arbitration, that the engage- 
ment of Captain C'hauncey began in the month of August, 
and as in this engagement no time was fixed as to the pe- 
riod in which the frigates should be completed, I may fairly 
insist, from the amount of $10,000 received for compen- 
sation, that such an agreement should bind him one 
year at least. But at all events, if he did not consider the 
ten thousand dollars received as an equivalent compensa- 
tion for more than seven months, I think he ought to have 
explained it, either for the purpose of entering into a new 
engagement, or of giving up his employment. He never 
said a word ; and yet, in spite of all that, the arbitrators 
allowed $1,500 to him, and 10 per cent, commission thereon 
to the houses ! ! 

Finally, it will be asked whether or not the accounts of 
the houses have been investigated ? I cannot convey to 
the reader a stronger proof on this subject than this : 
namely, that even the errors inserted by mistake, as the 
$ 1,000 to Capt. Chauncey, as I already stated, the fees paid 
to counsel for an opinion taken against the interests of 
Greece, Sic. have not been deducted from the accounts 
of the houses ! 

Such is the award for which the poor Greek nation was 
compelled to pay $4,500 to the framers of it, as arbitrators 
in the premises! I never did, nor do I complain against 
the extravagance of this amount, but what always will re- 
main with me a matter of surprise is, why, after deducting 
from the accounts of both houses, upwards of $120,000, 
which I should have been compelled to pay, as I have 
proved, without this arbitration, why, I repeat, was the 
whole amount of these fees charged upon my nation f 



71 



These, and other heavy expenses incurred for some time 
after the award, in spite of all my remonstrances, compel 
me to consider, with the deepest regret, — that at the very 
moment when subscriptions of every kind, and under a 
thousand modes, are collecting throughout all Europe, in 
order to promote this sacred cause, and assist the unequal 
and exterminating contest between a handful of Christians 
and the whole Turkish empire,— at a time when the charity 
before given to the orphan, the blind, and the invalid, is 
taken from their mouths for the purpose of sending some 
little bread to the inhabitants of that country, once the 
pride of the world and now the oppressed and persecuted, — 
that three christians and citizens of America should so wan- 
tonly waste so sacred a capital for the gratification of their 
private feelings ! 

According to this award, (of which a copy may be seen 
in the Appendix,) the cost of the frigate Liberator, built by 
G. G. & S. Howland, amounts to $449,606 41, without 
the salary of General Lallemand, the heavy expenses at- 
tending the arbitration, the arbitrators' fees, and my own 
expenses ! — which frigate, after having been examined and 
appraised by three gentlemen of the highest rank, has been 
estimated at $233,570 97, and paid for accordingly! — 
And as for the frigate Hope, whoever wishes, in spite of the 
declaration of Captain Chauncey, (who, in his account, 
as above stated, represented her as ready for sea since the 
first of March,) to be acquainted with the real state in which 
this frigate was delivered to me — this frigate, which has 
ultimately absorbed the sum of £155,000 sterling, and 
which would also have been irremediably lost to Greece, 
without the powerful assistance of noble-minded indivi- 
duals, and my anxious and unintermitted efforts of six 
months — let him read the following letter, from two gen- 
tlemen whose veracity cannot be doubted. 



Ci New-York, September bth, 1626. 

" Sir, — In compliance with your request to state the 
condition of the ship Hope, when delivered into my charge 
on the 30th August, I have to inform yon, that she was ge- 
nerally in an unfinished state. Her hull required caulking 
outside, upon the gun-deck and waterways of the spar- 
deck. The apparatus of the guns was not entirely com- 
plete; her spare spars were not finished, and in the usual 
state for service ; her rigging was not in complete order, 
nor the gang of running rigging entire ; and the fixtures 
of the magazines were not finished : part of the fore ma- 
gazine was not coppered, and there were some deficiencies 
in the gunners' department : the water casks were not in 
order. All these things, and many others of minor impor- 
tance, required completing before the ship could be sent to 
sea. The expense will be considerable, but the exact 
amount cannot be ascertained until the bills are rendered. 
" I am, with respect, your obd't. serv't. 

" F. H. GREGORY. 
C£ Mr. Contostavlos, New-York." 

"The preceding account of the condition of the ship 
Hope, is justly correct. 

" JOHN EARL." 

" New-York, Sept. 6 ; 1826." 

This is the state in which I have found this frigate! and 
j et, will it be believed that it was by force that I took pos- 
session of her ! This requires a short explanation. The 
vessel was delivered to Mr. H. D. Sedgwick in the after- 
noon of the 30th of August. On the following morning, 
Captain Gregory, with about seventy or eighty hands was 
proceeding to take possession of the vessel, as directed by 
Mr. Sedgwick. To our astonishment, she was found still 
in the possession of persons employed by Captain Chaun- 
cey, who declared that they had his positive orders not to 
permit the entrance of any persons on board. This wa- 



73 



communicated to Mr. Sedgwick, who without a moment's 
hesitation, proceeded to the vessel, and took possession 
of her. As soon as he had ascended her deck, he called 
up the labourers, who were waiting on the dock, and the 
agents of Captain Chauncey soon disappeared, and no- 
thing has since been heard of them or their employer. 

But to resume. This award being objectionable in so 
many respects, I was advised by my counsel that it was 
also illegal: that the arbitrators had no right to decide 
upon any matters, except such as were submitted to them 
at the hearing ; that they had clearly exceeded their pow- 
ers in the allowance of $1,500 to Captain Chauncey, in 
allowing the banker's commission, and in giving the 10 
per cent, commissions, as before stated ; and that conse- 
quently their award was void. Finding this to be the case, 
and feeling that the award was more strongly marked by 
its injustice and oppressiveness in other respects, where its 
strict legality could not be questioned, I lost no time in, 
filing a Bill in Equity for the purpose of setting it aside. 
Fearing that there might be some delay in obtaining an. 
injunction to forbid the arbitrators to dispose of the ships, 
my counsel sent the arbitrators a note, of which the follow- 
ing is a copy: 

" 1st August, 1826. 

" Gentlemen, — We perform a painful but imperious 
duty, in behalf of Mr. Contostavlos and his unfortunate 
country, in apprising you that, upon full consideration, we 
consider your award as invalid and nugatory, on several 
distinct grounds. As we have not received the reasons of 
the award, we do not feel ourselves bound to state our rea- 
sons for considering it void. It follows of course, that we 
cannot recognise your power to dispose of the vessels, or 
either of them. 

" We are preparing a Bill in Equity to obtain an injunc- 
tion ; and in the mean time, we are directed by Mr. Con- 
tostavlos to prohibit you from making any disposition oV 
transfer of the property." 

1.6 



T4 

To this note the arbitrators sent the following reply, oji 
the 3d of August : 

" New-York, August 3d, 1826. 
c< Gentlemen, — We have received your letter of the 
1st instant ; and upon reflection, we feel it to be our duty 
to proceed to sell the ships Liberator and Hope, w ith their 
appurtenances, and with the extra property assigned to us, 
according to the terms of the submission and assignments, 
" With great respect, he. 

" JONAS PLATT, 
" H. C. DE RHAM, 
« ABRAHAM OGDEN." 

On the same 3d of August an injunction was granted by 
the Court, forbidding the arbitrators and parties to dispose 
of the ships. A sudden stop was put, by this proceeding, 
to the career of the arbitrators, who, without this injunc- 
tion, would have sacrificed both vessels. 

A negotiation for an arrangement was soon opened, and 
a final compromise was soon after effected, by which three 
points of the utmost importance were gained for my 
country : 

First. — There were sundry large claims against the ships 
unsatisfied. It had been agreed by the counsel on both 
sides, and assented to by the arbitrators, that they should 
retain in their hands moneys to the amount of these claims, 
until they were satisfied. Instead of doing so, they had 
awarded this amount to the houses, and directed that they 
should give their personal indemnity to the deputies. By 
the compromise, the deputies were restored to their rights 
in this respect. 

Second. — By the award, the houses were relieved from 
all risk that might result from a seizure and condemnation 
of the frigates, and were to receive their commissions, even 



75 



though our entire capital should be lost. By the compro- 
mise, the houses agreed to place, and did place, their notes 
for $60,000 in the hands of a person nominated by my 
counsel, and which were to be delivered to the deputies in 
the event of such seizure and condemnation. 

Third, — -The houses agreed to deduct $24,000 from the 
amount allowed them by the arbitrators. V/ithout this de- 
duction, the frigates could not have been fully fitted out 
for an immediate active service. 

If this settlement had not taken place, unfavourable as it 
was, the consequence must have been, a law-suit indefi- 
nitely protracted — the ultimate ruin of the houses — and 
the recovery not of the frigates, but of judgment for 
$ 750,000, with interest. 

But what will fill every bosom with horror remains still to 
be told. I think I mentioned that the deputies, in commis- 
sioning these two frigates, wrote to both houses not to un- 
dertake the building of them in case the laws of the United 
States should be opposed to their construction and depar- 
ture. Messrs. Bayards and Rowlands answered that there 
was no law to prevent it, and, without any further trouble, 
undertook their construction. It was now, during the ar- 
bitration, contended by my counsel, and must be acknow- 
ledged on all hands, that this transaction was illegal, and 
that the frigates were subject to seizure and confiscation at 
every moment, and at the instigation of any man who 
should choose to be an informer. Was it then generous, 
was k just, was it christian-like, that these arbitrators, after 
having awarded to these houses a commission amounting 
altogether to $86,381 60 for the building of these two fri- 
gates, to award and order their balances to be paid, and 
throw upon a foreigner not only the whole responsibility of 
the law, but also the impossibility of sending out this last 
resource to his country ! Generous reader, whoever you 
are, calm your anxiety.— The frigate, the only frigate, 
which cost £155,000 sterling to the Greek nation is now 



on her way to Greece. For the same country that gave 
Virth to these arbitrators, gave also existence to Henry D. 
and Robert Sedgwick ; without whose intervention and as- 
sistance, the generous way in which, through their disin- 
terested solicitations, a bond to an amount of $600,000 has 
keen signed by several individuals, and their unparalleled 
exertions, the frigate, with this award, could never leave 
these American shores ! These two gentlemen, with the 
upright and noble-minded John Duer and B. Robinson, 
constituted my counsel. The noble, the independent, the 
fatherly way (for friendly does not express half the feel- 
ings of my heart,) in which they have defended this sacred 
eause, has acquired for them my gratitude and the grati- 
tude of my country. 

In the frigate Hope my duties to my country have com- 
pelled me to depart ; until she is delivered to Greece, my 
trust is not executed ; but I leave behind me friends who 
have the means of substantiating the truth of every mate- 
rial fact that I have alleged, and of vindicating my per- 
sonal character against any calumnies that the malice of 
enemies may urge. To them I commit the cause of my 
country and of my own reputation, and to the honour and 
justice of the American people I solemnly appeal against 
the injustice of some of their citizens. 

ALEXANDRE CONTOSTAVLOS, 

A NATIVE OF Scie. 

Ntw-York, 7th Oct.±$2G. 



V 



APPENDIX. 



No. 1. 

Le Roy, Bayard 4* Co.'s account of Exchange on London, 

1825. 

May —. Bills on Williams for £25,000, produced 
as per statement rendered Gen. Lalle- 

mand, ,$1 18,500 63 

Less commission and brokerage, . > . 3,258 76 

$115,241 87 

23. Bill on Messrs. Ricardos, £12,500, produ- 
ced as per statement to the same, at 



5| pr. c 58,472 22 

Less commission and brokerage, . . . 1,607 98 



Sept. 3 to 15. Do. £15.000 to sundries, at 7^ pr. c. 71.500 00 

. . 1,966 25 



Oct. 22. Do. £10.000 
31. Do. 15,000 

£25,000 remitted to Messrs. 

Barings, and drawn for 24th December 
(£20,000 to Government) at 6 pr. c. . 117,777 77 
Less commission and brokerage, . . . 3,238 89 



>"ov. 23. Do. £15,000 remitted as above and 
drawn for, in January, in favour of 

sundries, at 9 pr. c 72,666 66 

Less commission and brokerage, . . . 1,998 33 



Dec. 15. Do. £13.000 remitted as above and 

drawn for to sundries, at 8£ pr. c. . . 62,688 89 
Less commission and brokerage, . . . 1,723 94 



DEDUCT, 
Our bill on Ricardo, 23d Nov. returned pro- 
tested for non-payment, £15,000 

Re-exchange, 10 pr. c 1,500 

Damages, 20 pr. c 3,000 

£19,500 

4 

Our bill on the same, protested for non-ac- 
ceptance, if returned, £13,000 

Damages, 20 pr. c 2,600 

Estimated re-exchange, 10 pr. c 1,300 

£16,900 



56,864 24 
69,533 7* 

114,538 8C 

70,668 33 

60,964 95 
$487,812 02 



5,666 6$ 



75,111 11 

— — 161,777 77 



$326,034 25 



LE BAYARD Cf>, 



<7S 
No. 2. 

G. G. 4* & HowlamVs statement of Exchange on England. 

1825. 

May — . By proceeds our bills on S. Williams per 
statement rendered General Lalleniand, 
£25,000, at average of 6| pr. c. advance, $118,472 20 
Less our comm. 2A pr. c. and brok. £ pr. c. 3,257 98 

115,214 22 

23. By proceeds our bill on I. & S. Ricardo for 
£12,500, remitted S. Williams for collec- 
tion, and drawn for on him at different 
times from 11th June, at average of 6 pr. 
c. advance, (slated by mistake to Gen. 

Lai fern and at 5£ pr. c.) 58,888 89 

Less brokerage and comm. 2| pr. c. ... 1,61944 

57,269 45 

Less our bills on him on account of above 
protested for non-payment, ,£7,500, at 6 

pr. c 35,333 33 

21,936 12 

Sfcpt. — . By our bills on I. h S. Ricardo against let- 
ter of credit on them for £15,000, sold 
in Sept. and Oct. at average of 9 pr. c. . 72,666 67 

Less comm. and brok. 2| pr. c 1,998 33 

70,66a 34 

Oct. — . By our bills on I. & S. Ricardo for £5,089 
13*. 3d. and £4,910 65. 9d. amounting to 
£10,000, remitted to S. Williams but re- 
ceived by T. Wiggins, sold at average of 

8£ pr. c. advance, 48,11107 

Less comm. and brok. 2| pr. c 1.323 04 

46,785 03- 

By our bill of 31st Oct. on I. & S. Ricardo 

remitted to S. Williams but received by T. 

Wiggins, and drawn for by us in January 

and February on T. Wiggins, £15,000, at 

8 pr. c. advance, 72,000 00 

Less comm. and brok. 2| pr. c 1,980 00 

70,020 00 

ISov. 23. By our bill on I. k S. Ricardo, remitted S. 

Williams, but received by T.Wiggins, for 

jL.15,000, average exchange 8| pr. c. . . 72,499 98 

Less comm. and brok. 2| pr. c 1,993 75 

70,506 2*3 

Jan. 16. By our bill on I. & S. Ricardo, for L.12,000, 
remitted T. Wiggins, average exchange, 

8 pr. c 57,600 00 Z 

Less comm. and brok. 2| pr. c 1,584 00 

_ 56,016 00 

#451,148 94 

DEDUCT, 

Our bill of 23d Nov. on I. h S. Ricardo returned un- 
der protest, L.15,000 

Re-exchange, 10 pr. c 1,500 

Damages, 20 pr. c 3,000 

L.19,500 

$86,666 66 

Our bill of Jan. 16, on the same under protest, L.12,000 

If returned $ Re-exchange, 10 pr. ct 1,200 

.11 returned ^ DamageSj 20 pr> <. t 2}400 , 

L. 15,600 

— $69,333 33 

. — , 55,999 591 

$295,148 95 

Errors Excepted, ■. « 

Nw-York.) April, 1826, 



70 



No. 3. 

Statement of actual payments made by G. (x. S. Howland, oji 
account of Building and Equipment of Ship Liberator. 

"Paid Smith fc Demon, ship-carpenters, from 12th May 

1825, to 27th May 1826, 190,914 18 

Balance of wharfage to 26th inst 68 75 

Do. due G. Arrowsmith on account of gun-car- 
riages, 260 00 

Do. due H. VVaterbury for launching spars, &c. . 150 00 



191,392 93 



u Saltus, Son & Co. for bar and bolt iron from 1st June 
1825, $2851 36, 4430 20, 6965 72, . 14,247 28 
Less iron returned, 430 67 



for Kentledge $1590 6, 967 66, 2208 42, . 
for h chain cable $829 35, and h. do. $943 80, 

for copper bolts, 25,661 lbs. at 33 c 

for white rope $892 71, 1 anchor $1154 13, 
for 3 anchors, weighing 19,564 lbs. at 17 cents, 



13,816 61 
4,766 14 
1,773 15 
8,468 13 
2,046 84 
3,325 83 
34,196 75 



" Peter Schermerhorn U Sons, for cordage, cables, 
hawsers, bolt-rope, he. $3403 3, 6828 62, 3889 

73, 3667 4, 5433 95, 23,277 37 

$2258 16, 316 8, 95 16, . 2,669 40 

25,946 77 

' i Harmon Hendricks, for sheathing and bolt, copper, . ..... 9,259 82 

" John A. Moore, for sheathing and bolt copper and nails, . . . . 5,311 52 

4< Le Roy, Bayard & Co. for sheathing copper, 1,092 97 

u Bergh & Ivers, for composition and brass castings, fyc. $6200 47, 

$1000, 1000, 3748 53, 11,959 00 

« D. h L. Halsey, ship-joiners, $591 62, 510 19, 747 

76, 870 1, 976 71, 972 97, ... 4,669 26 

$902 50, 875 62, 887 7, 642 72, 430 79, 195 37, 3,934 07 
$224 84, 275 30, 171 10, 194 13, ..... . 865 37 

ironmongery, &c. supplied joiners, per bill, . . . 549 44 

10,018 14 

" Gen. John Mason, for armament, $5000, 9750, 7894 

78, 2500, 2500, 27,644 78 

$2500, 4530 30, 2747 75, 9,778 05 

37,442 83 

48 Nixon & Woodhull, for shot and carting, $7500, 6000, ba- 
lance $1191. 75, 14,691 75 

" Enoch Hedden, for gun-locks, &c. $170, 544 18, 99 75, ... 813 93 
" Sturges k Reynolds, block-makers, $2000, 1000, 500, 500, 500, 

500, 1391 37, 6,391 37 

" Samuel Howell, for gun-carriages, $400, 400, 400, 400, and ba- 
lance 512, 2,112 00 

*'• Nehemiah Waterbury, for masts and spars, $1000, 

1000, 500, 500, 500, 750, 4,250 00 

$600, 650, 500, and 197 25, 1,947 25 



" George Youle, plumber and founder, $1000, 1000, 

1300, balance 2082 98, 5,882 98 

iron bits, &c 414 50 



6,197 25 



6,297 40 



• ; Elliot Higgins, riggers work, kc. $500, 500, 750, 750, 1000, 

500, balance 1035 19, 5,035 19 



Carried forward, 36"?,159 70 



3 !*) 

Brought forward, 368,159 7V 

Paid Salem Wines, boat-builder, $500, 838 25, 1,338 25 

" Charles Ware, sail-maker, $750, 200, 550, 500, 381 1, ... . 2,381 01 
« John Hunt, for water-casks, &c. $1000, 500, balance 847 18, . 2,347 18 
11 John Hall, Vulcan Company, for iron chain $74, 

iron tiller, &c. $1099 47, 1,173 47 

for iron work, 373 11 

1,546 58 

< £ Tucker & Barker, for boarding pikes, &c. $300, 255 31, ... . 555 31 

<* Jeremiah Dodge, for carver's work, 640 00 

(i S. Pier, for copper- work, 231 06 

" G. Arrowsmith, on account of iron-work to gun-carriages, ... 150 00 

" D. Williams, for painting boars, &c 77 00 

«' I. C. Gale, for fire-buckets, &c. $500, 250, 750 00 

< v L. Aspinwall, for friction brushes, &c 330 74> 

« S. Nichols, block-maker, 277 21 

" T. P. Walworth, for castings, 105 71 

f < Wm. Kemble, for duck, $3250, 1301 75, 5,051 75 

" John Colt, for do . 2,213 12 

" Peter Rernsen,&,c. do 2,551 00 

'« R. Adams, for £ of 2 cases pistols, 360 00 

freight $6 40, comm. in Philadelphia $18 88, . . 25 28 

385 28 

» E. A. Seymour & Co. for leather, &c 216 97 

" W. Jaques &Co. for salt, #326 55, cartage $65 891 55 

' ; Maitland, Kennedy & Co. for £ cost spars from Norfolk, 474 97 

for £ charter of schr. Maine, 280 00 

for insurance and comm. for effect, (on deck) ... 25 25 

780 2»> 

(1 Capt. Chauncey, on account of disbursements, #1000, 

500, 500, 1000, 1000, 500, 500, 5,000 00 

$500, 500, 500, 250, 250, 2,000 00 

• 7,000 00 

" Capt. Chauncev, on account of his services, $2000, 2000, ba- 
lance due 1000, 5,000 00 

{: freight of armament, per schr. Exchange, 203 93 

Robert Cochrane, .... 352 69 

Hope and Susan, 197 34 

753 96 

" Insurance and effect'g perRobt. Cochrane $18,990 25, 277 77 
per Exchange, 9,980 00, 123 75 

401 52 

" for notarial services and counsel fees 425 00 

« fire assurance, Aug. 25th, on stocks, $100,000, .... 300 00 
do. after launching, 50,000, .... 125 00 

do. on renewals, 100,000, .... 200 00 

do. on do. and materials in store, #165,000 338 50 

Marine insurance to 25th July, $80,000, 263 75 

Renewal on materials in store, 22 50 

1,249 75 

tl storage, white rope, &c 41 22 

a cartage, copper, white rope, &c 46 25 

" postages, advertising, &c 37 94 

405,935 28 

LeRoy, Bayard & Co. com. on $405,518 51, at 5 pr. c. 20,275 92 

G, G. & S. Howland's do. same 20,275 93 

— ■ 40,551 85 



E. E, 

X?w~Yorl', s Sth June, 1825= 



$446,487 IS 



G. G. & S. ROWLAND. 
LE ROY, BAYARD &CC 



81 



No. 4. 

After- Disbursements of ship Liberator, 

1326. 

Insurance and commission effecting same, on gun-shot, Szc. 

from Georgetown, per selir. Lincoln, $15,168, at 1 pr. c. 

and policy, 152 93 

Do. schooner Champion, $7536, do. do 76 Gl 

229 54 

Paid half freight of said armament, the other half being paid 

by Le Roy, Bayard <& Co. viz. per schooner Lincoln, . . 195 22 

Do. schoooner Champion, 105 U0 

300 22 

To Smith <fe Demons, ship-carpenters, 78 75 

Elliott Higgins, rigger's work, 254 14 

Paid Capt. Chauncey on account of disbursements, . 500 00 

" VVm. Kemble for duck and hammock cloth (omitted) 105 00 

John Hunt <fe Co. for half of 4 months storage, &c. 90 45 

D. & L. Halsey, for joiner's work, (omitted) 22 83 

Fire assurance, 1 month, from 25th July, $100,000, at$ pr. c. 125 00 

Fire and Marine, $50,000, at $ pr, c. and policy, 127 50 

» 252,50 

Steam-boat bills, $30 and 40, 70 00 

Richard Jennings, for storage-rents to 1st of August, $72 and 24, . . 96 00 

W. F. Baker, balance of rent of yard for boats, 16 67 

Amount due sailors and labourers, per estimate to 27th July, .... 100 00 
Steam Saw-mill Company for wharfage.* viz. from 1st of 

April to 27th May, 57 days, at 10s 71 25 

Do. from 27th May to 27th July, 61 days, at $5, 305 00 



376 25 

Less charged in Smith &, Demon's last account, ... 68 75 

307 50 



2,423 60 

Le Roy, Bayard & Go's commission on $2194 6, (insurance 

on armament being deducted) at 5 pr. c 109 71 

Our commission on do. , 5 pr. c. . . • . . ' * ...... . 109 71 

219 42 



$2,643 02 

E. k O. E. 

Jfew-York, 27 th July, 1826. 

* This item of wharfage is in dispute. Any abatenjent, obtained on settle* 
went, will be credited in further account. 



J i 



No. Q. 



Statement of Expenses incurred in Building and Equipping Fri- 
gate-built Ship Hope. 

Bergh ft Co. ship-carpenters, $172,932 12 

John A. Moore, copper, 4,556 67 

Saltus, Son & Co. copper, iron and kentledge, 26,700 57 

Le Roy, Bayard & Co. do. 3,742 87 

S. Isaac, copper, 485 12 

Lighterage kentledge, 27 94 

Cartage, kentledge and copper, 11 50 

Boston Manufacturing Company, cordage, £2,308 06 

Rowlands, half Manilla hemp, 892 71 

Blackwell & M'Farland, iron, . . . 5,262 41 

Saltus, Son & Co. cables and anchors, 7,476 00 

Le Roy, Bayard & Co. one cable, 1,176 63 

Hunt, water-casks, 2,462 50 

Hillsborough, Plumber, 3,866 93 

Tucker & Barker, ironing gun-carriages, 5,380 99 

E. Hedden, gun-locks and tilling, 1,417 43 

Kemble, duck, 5,051 7a 

John Colt, do 2,213 12 

John Cole, do 737 50 

Howlands, Duck and pistols, 1,395 50 

Howell, gun-carriages, 2,112 00 

C. Ware, sail-maker, 1,161 09 

Stevison & Fleming, do 1,254 00 

S. Wines, boats, 1,338 25 

Bergh ft Ives, compn. bolts, castings, 12,931 27 

J . Blasdell, oakum, 1,260 00 

J. Mason, armament, . . - 37,422 84 

Henry Payson & Co. copper, 7,552 75 

Nixon & Woodhull, shot, 14,567 50 

Higgins, riggers, . 4,597 79 

Hail, bob -st ays, 649 52 

Hall, work, 76 81 

Gale, fire-buckets, ftc 618 35 

E. Seymour, leather, 216 97 

A spin wall, friction brushes, 330 74 

Rowland, half spars, 470 31 

half freight do 280 00 

S. Pin, gun-ladles, 6zc 230 82 

Freights armament, 753 96 

Notarial, counsel fees, 425 00 

Wallace, travelling expenses to Georgetown, 95 00 

Jacques, salt and cartage, 544 40 

Rutgers, wharfage to 30th January, 309 55 

Due for do. to 20th June, at #4$ per day, 687 38 

Chauncey, requisitions, *,."., 7,000 00 

services, 5,000 00 

Walworth, iron sheeves, 231 25 

Halsey, joiner, 3,578 22 

ironmongery, 241 18 

Morrison, transporting guns, 100 00 

Insurance on vessel, 1 $1,877 60 

sails, ' 44 85 

1,922 45 

Allen, pikes, &e 130 S7 

Youle, galley, 1,947 50 

P. Ritter & Go. shipchandlery, 2 410 26 

Waterbury, spare soars and launching.. ............ 2G5 25 



i 



S3 



Howell, cartage gun-carriages and 4 ex. trucks, 50 aO 

Higgins, riggers, 85 95 

Bishop & Scrautin, blocks, 6,434 41 

Seller & Nichols, block-makers, 124 03 

W. R. Smith, 270 swords, 270 00 

Chauncey, requisition, 1,000 00 

Halsey, joiner, 6 50 

Cartages, Postages, advertising, Sec 75 00 

Insurance on copper, per Com, Perry from Baltimore, 77 25 

Do. armament per Hope and Susan from Georgetown, . 108 17 

S. Fairbaucks & Co. varnish, 114 00 

Nixon & Woodhull, cartage shot, 124 25 

I 5 . Scbermerhorn's bills paints & shipcbandlery not ree'd, supposed 2,500 00 

$390,851 66 

G. G. & S. Howlands comm. at 5 pr. c $19,842 53 

LeRoy, Bayard &Co.'s do. at 5 pr c 19,342 58 

39,685 16 

$436,536 82 

E. & O. E. 

.Xew-York, June 15, 1826. 

LE ROY, BAYARD & CO. 
G. G. & S. HOWLAND. 



No. 6. 

Disbursements on Frigate built by C. Bergk Co. since the ac- 
count ivas rendered by L.R. B. <fy Co. 



New- York Nail Factory, 160 21 

Bishop & Scrauton, 353 72 

D. & L. Halsey, 6 51 

John Hunt, 90 45 

J. Harthorn, frt. armament, 195 21 

O. Morton, frt. do. 105 00 

Insurance $100,000, 500 00 

Rutgers, wharfage from 20th June to 28th July, 185 50 

1,596 50 

Messrs. Howland's com. 5 pr. c. . , . . 79 83 

L. R. B. & Co. 5 pr. c 79 83 

159 66 

1,756 26 

Capt. Chauncey's requisition, 500 00 



$2,256 26 



Mew-York, 25th .Tub/, 1826. 



LE ROY, BAYARD & CO. 

Per Lewis Atterbury. 



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No. 8. Statement handed by the Arbitrators, with their award, showing how 

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No. 9. 



COPY OF THE AWARD, 



The Award of the Arbitrators, after making certain formal 
recitals, proceeds as follows : — 

Now know ye, that we, the said arbitrators, whose names are 
hereunto subscribed, and whose seals are hereto affixed, tak- 
ing on us the burthen of the said award ; and having fully ex- 
amined and duly considered the proofs and allegations of the 
said parties, Do make and publish this our award between the 
said parties in manner following, that is to say : 

First. — We do award and order that all actions, suits, quar- 
rels, and controversies whatsoever, had, moved, arisen, and de- 
pending between the said parties, in law or equity, for any man- 
ner of cause whatsoever, touching the said premises, to the day 
of the date hereof, shall cease, and be no further prosecuted ; 
and that each of said parties shall pay and bear their own costs 
and charges in any wise relating to, or concerning the premises. 

Secondly. — Wc do award, adjudge, and determine, that there 
is justly due from the said Johannis Orlandos and Andreas Luri- 
ottis, to the said William Bayard, William Bayard, junior, and 
Robert Bayard, the sum of seventy-five thousand nine hundred 
and thirty-three dollars, and eighty-one cents. 

Thirdly. — We do award, adjudge, and determine, that there is 
justly due from the said Johannis Orlandos and Andreas Luri- 
ottis, to the said Gardiner G. Howland and Samuel S. How- 
land, the sum of eighty thousand nine hundred and twenty- 
two dollars and fifty-two cents. 



67 

Fourthly. — We do award, adjudge, and determine, that from 
the avails of the said ship or ships, and their tackle, apparel, 
furniture, and equipments, and other property contained in said 
assignments, or such part thereof as shall be sold by us, pursu- 
ant to the terms of said submission, there shall be first deducted 
the sum of four thousand five hundred dollars for our services as 
atbitrators in the premises, to be equally divided between us :— 
next, there shall be deducted from said avails, all incidental ex- 
penses of keeping, guarding, preserving, and insuring the said 
ships and other property, and all other incidental expenses relating 
thereto, until the sale or delivery thereof. And of the residue 
of said avails, the aforesaid balances due to the said houses of 
-Le Roy, Bayard and Co." and " G. G. and S. Howland," 
respectively, shall be paid : and if from any cause, the surplus 
avails of said ships and property so to be sold, shall not be ade- 
quate to the payment of said balances, in full ; then the said 
houses shall be entitled to pro rata shares of said surplus. 

Fifthly. — We do award, order, adjudge, and determine, that 
after paying and satisfying the aforesaid costs, charges, expenses, 
and balances ; such part of said ships and property, as shall re- 
main unsold, together with any balance of money (if any) in our 
hands, shall be delivered to the said Johannis Orlandos and An= 
dreas Luriottis, or their agent, as their absolute property, free 
from all claims whatsoever, on the part of the said houses of 
** Le Roy, Bayard and Co." and " G. G. and S. Howland," or 
either of them. 

Sixthly. — We do award and order, that upon payment of said 
balances, so as aforesaid ascertained to be due to the said houses 
of " Le Roy, Bayard, and Co." and " G. G. and S. Howland," 
respectively, the said houses shall jointly and severally enter into 
a written engagement to save harmless and indemnify the said 
Johannis Orlandos and Andreas Luriottis, and their heirs, exe- 
cutors, and administrators, of, from, and against all claims and 
demands, for services rendered, or materials furnished towards 
the building or equipment of the said ships, or the keeping, 
guarding, or preserving the same, up to the date hereof; and 
against all and every lien or liens on said ships, or either of them, 
for such services or materials. 



bb 

Seventhly. — We do award, order, adjudge, and determine, 
that upon the payment of the aforesaid balances so ascertained 
to be due to the said houses respectively, the said parties shall 
mutually execute releases to each other, of all causes of action, 
claims and demands, in law or equity, touching or concerning 
the premises aforesaid, from the beginning of the world, until 
the said twenty-third day of June last. 

Eighthly. — We do award, adjudge, and determine, that if 
from any cause or accident whatever, the fund now provided 
shall prove inadequate to the payment and indemnity of the said 
sum of four thousand five hundred dollars, due to us as arbitra- 
tors, together with such contingent expenses as we may here- 
after be liable for, in keeping, guarding, preserving, insuring, or 
other necessary charges in relation to said ships, and other pro- 
perty, now held by us in trust ; then and in such case, the said 
parties shall be jointly and severally bound to pay and indemnify 
us, to the extent of the said sum last mentioned, together with 
said contingent charges and expenses, with interest thereon. 

In witness whereof we have hereto subscribed our names and 
affixed our seals, at the city of New-York, the twenty-seventh 
day of July, in the year of our Lord one thousand eight hun- 
dred and twenty-six. 

JONAS PLATT, 
H. C. DE RHAM. 
ABR. OGDEN. 

Sealed and delivered in the presence of 
Gouv. Ogden, 
Mary E. Ogde^. 



The Postscript to the second edition of Mr. Sedgwick's Vin- 
dication forms a proper addition to the foregoing Narrative, 
and is inserted accordingly. 



POSTSCRIPT. 

I perceive by the papers that the arbitrators are coming 
before the public with their defence. It is no affectation when 
I say that I am sorry for it. The consequences of a prolonged 
discussion will be an indignation that cannot well be borne, and 
more than I wish should fall upon any countryman of mine. 
I shall, however, redeem the pledge I have given, and if they 
dare answer, they shall answer fully. I reappear before the 
public (if indeed a postscript in a second edition should be call- 
ed a reappearance) with less reluctance, because I think that 
Mr. Contostavlos 5 pamphlet, and this additional statement, 
will supersede thenecessity of any farther intrusion on my part. 

I now therefore give a further specification of what I have 
before alluded to as the securities " advised, devised, and re- 
cjuired" by Judge Piatt, and which I require him to set forth 
in case he shall attempt to defend, in the character of a trustee, 
the exorbitant charge which he made, and the amount of 
which he received as an arbitrator in the premises, 

1st. A certain paper or instrument in writing, signed by the 
counsel of the respective parties, and delivered to the arbitra- 
tors at an early period of their sitting, whereby the responsi- 
bility of the arbitrators was excluded in all cases of accident 
or misfortune to the assigned property, and it was provided that 
they should not be responsible each for the other, but only 
each one for his own wilful wrong-doing or default. 

2nd. The paper or agreement which Mr. Contostavlos was 
compelled to sign on board of thefrigate Hope, and in order 
to obtain possession thereof, particularly stating how the in- 
strument stood as proposed by Judge Piatt — and what was 

12 



90 



added upon the remonstrance of Mr. Contostavlos, and stating 
also how much money belonging to the Greek Deputies the 
arbitrators retained on that account, and under what circum- 
stances, and for what reasons. 

3rd. The full release and acquittance to themselves for all 
their acts and doings in the premises, which the arbitrators ex- 
acted before they would surrender the funds of the Greek 
Deputies. 

4th. The guaranty which was required against any claim 
against them which should be discovered in three weeks, which 
was signed by Mr. Contostavlos in behalf of the Deputies, and 
myself — and the circumstances under which it was required. 

5th. The sycophantic letter written by Judge Piatt, and 
proposed to be sent to Capt. Chauncey. On the evening when 
the award was published, it was read to the parties, and ap- 
parently with the expectation of their assent and approbation. 
It spoke of the honoured name of Capt. Chauncey — of his im- 
portant services — that they were fully worth the sum charged 
for them — and contained an apology for reducing his addi- 
tional account from $2,700 to $1,500, stating that he had 
called upon him at the City Hotel in person for that purpose, 
but had not the pleasure of finding him in. I know not how 
great the value of Capt. Chauncey's services may have been, 
but I recollect no evidence that they were of any value. I 
remonstrated against the transmission of this letter, and my 
brother, being appealed to by Judge Piatt, joined in the re- 
monstrance. No other counsel was present. The other arbi- 
trators had spirit and sense of character enough to disapprove 
the letter, and, I presume, it was not sent. This letter excited 
strongly the disgust of Mr. Contostavlos. and it is one of the 
subjects which the short time allowed him in this country 
compelled him to omit in his pamphlet. We have no copy of 
it; but I hope it will be produced, as there is no single docu- 
ment which will give the public a better insight into the spirit 
and character of this transaction. 



These things are such as might be expected from what 
has already been developed. What follows is something 
more. 

The notoriety which this transaction has forced upon 
me is not agreeable to my taste, and is not of my own seek- 
ing. Matters, however, have gone so far that they must go a 
little farther. 1 was absent from this city during the whole 
period of the writing and printing of Mr. Contostavlos' pam- 
phlet, and I was ignorant of its contents till I saw it in print. 
I did indeed see two or three of the first sentences, relating 
exclusively to the proceedings of the Greek Government, but 
nothing farther ; and I felt no confidence that any publication 
would ever be made by that gentleman. I now perceive that 
the necessity of an immediate departure was so pressing, that 
he was forced on to the termination of his statement, without 
having time to set forth the facts so as fully to lay the basis of 
the gravest and most unanswerable question which can be put 
to the arbitrators, viz. why they excused Messrs. Le Roy, 
Bayard & Co. from executing the neutrality bond? 

I made an improper concession in my pamphlet when 
I excused the arbitrators from the blame of delaying the trans- 
fer of the Hope. It ivas their fault, and incomparably the 
worst they have committed. We were not ready to receive 
the ship solely on account of the embarrassment in which 
their conduct had placed her. 

On this subject no invective will be heard from me. No 
language can be so strong as that of the plain facts them- 
selves. 

The original instructions from the Deputies were in 
French. They were addressed jointly to Messrs. Le Roy ? 
Bayard h Co., G. G. Si S. Howland, and General Lalle- 
mand. They contemplated the building, fitting out, equip- 
ping, and arming of two frigates for the Grecian Navy, and the 
commissioning of the officers. To these instructions was ap- 
pended an additional article (article additionel), which I thus 
translate : 



§2 

(e Before executing the orders for the purchase or construc- 
4C tion of the frigates, it is necessary that the two houses to 
*' whom Messrs. the Deputies will address General Lalle- 
" mand, should be assured, in the most positive way, (dans la 
6i maniere la plus positive), that the government of the United 
" States will permit the free departure of these two frigates, 
" and also the enrolment of the equipage necessary to navi- 
" gate them; and that this operation, so important for the 
" safety of the country, will not encounter any obstacle, 
" either in the will of the government or in the laws of the 
" United States." 

To this the only answer is the following contained in the 
joint letter of the houses to the Deputies of the 15th April, 
1825. 

After discussing the project which then existed of purchasing 
vessels ready built from the government of the United States, 
and stating that similar propositions on the part of the South 
American Republics had been rejected, the houses proceed. 
This letter is also in French, and I translate the extract thus : 

"The position of Greece is different. Our government 
61 will refuse to do any act which may lead to difficulties; and 
" although there is no law which can hinder the construction 
" of the ships, to avoid any complaint from the governments 
" of Europe, it will be proper to shun a useless publicity, and 
" we shall give out that we are building the ships for the go- 
" vernment of Peru. In sending the ships to sea, their 
'* armament will be put on board as cargo,— ^Aere will be no 
" difficulty. The ships can be insured, &c." 

The deputies were allowed to remain under these impres- 
sions until they were removed, or at least disturbed, by the 
letter to Ricardo of the 15th February 1826, of which an ex- 
tract is given by Mr Contostavlos, 

It is too plain for argument that these ships, built with Greek 
funds, and for the express and only purpose of being employ- 



93 



ed in the war now carrying on by Greece against Turkey j 
were liable to condemnation, and at the mercy of any infamous 
wretch whom the thirst of gain might induce to inform against 
them. I understand that this is admitted by Judge Piatt. I 
shall, however, for the perfect conviction of the public, insert 
the third section of the neutrality act — the act of Congress of 
20th April, 1818. 

" If any person shall, within the limits of the United States, 
" fit out and arm, or attempt to fit out and arm, or procure to 
e£ be fitted out and armed, or shall knowingly be concerned in 
" the furnishing, fitting out or arming, of any ship or vessel, with 
" intent that such ship or vessel shall be employed in the service 
" of any foreign prince or state, or of any colony, district or 
" people, to cruise or commit hostilities, against the subjects, 
u citizens or property, of any foreign prince or state, or of any 
" colony, district or people, with whom the United States are at 
4t peace, or shall issue or deliver a commission within the terri- 
u tory or jurisdiction of the United States, for any ship or ves- 
" sel, to the intent that she may be employed as aforesaid, 
? < every person so offending shall be deemed guilty of a high 
" misdemeanor, and shall be fined not more than ten thousand 
" dollars, and imprisoned not more than three years ; and every 
e: such ship or vessel, with her tackle, apparel and furniture, 
" together with all materials, arms, ammunition and stores, 
<c which may have been procured for the building and equip- 
" ment thereof, shall be forfeited ; one half to the use of the 
" informer, and the other half to the use of the United 
" States." See also the whole of this act, 

To the professions of zeal for Greece abounding in the let- 
ters of Messrs. Le Roy Bayard Si Co., I shall not, for the 
present, ailude.— I shall only say that those gentlemen could 
not be ignorant of this law. 

They had taken out a register for the ship Hope, and an 
affidavit, of which the following is a copy, is now on the files 
of the custom-house in this city. 



94 



Fort of New- York, ss. 

" 1, Robert Bayard, of the city, county, and state of New- 
" York, merchant, do solemnly swear, according to the best 
" of my knowledge and belief, that the ship or vessel, called 
"the Hope of New-York, of the burthen of 17 78 51 . 95 tons, 
" built at the city aforesaid in thej'ear 1 825, as per certificate of 
" C. Bergh & Co., the master carpenters under whose direction 
6t she was built, that my present place of abode or residence is 
" New-York aforesaid, and that myself, together with William 
" Bayard, William Bayard, jun. of said city of New- York, mer- 
i( chants, citizens of the United States, are the true and only 
" owners of the said ship or vessel, that there is no subject nor 
" citizen of any foreign prince or state, directly or indirectly 
" by way of trust, confidence, or otherwise interested therein, 

" or in the profits or issues thereof, and that is 

" the present master or commander of the said ship. 

" (Signed) Robert Bayard. 

" Sworn this 12th day of April, 1826." 

I do not say, nor would insinuate that this oath was impro- 
perly taken. I only know that the difficulty of taking such 
an oath (which the collector at first insisted on, but after- 
wards very properly waived,) not only occasioned very serious 
delays in the transfer of the ship, but seemed at one time to 
be absolutely insurmountable. 

The counsel for the deputies insisted that the Messrs. Bay- 
ards, under these circumstances, should be compelled to give 
the bond required by law. They could easily have done 
so ; for as I have before stated, the necessary oath had 
been taken, and the register stood in their names. No 
change of papers was necessary, and they had only to 
give and procure sureties to a bond which is in effect nomi- 
nal, inasmuch as it simply binds the obligors that the owner 
or owners of the ship shall not employ her in contravention of 
the act above recited. But if this difficulty were a serious 
one, it was so much more the duty of Messrs, Le Roy, Ba- 
yard & Co. to encounter it. As I have shown, they had 



95 



stated to the deputies that no such difficulty existed, and un- 
der this representation they had obtained and put in jeopardy 
these enormous funds. 

I say no more than the heart of every man must respond 
to, when I assert that the refusal on the part of the arbitra- 
tors to compel Messrs. Le Roy, Bayard h Co. to execute this 
bond, evinces a state of mind or character which rendered 
them incapable of perceiving or decreeing justice. It was 
this which so vehemently excited the sensibilities of Mr. Con- 
tostavlos, and which called forth the burst of just and indig- 
nant feeling with which he closes his appeal to the American 
people. 

This refusal of plain and apparent justice was pregnant 
with the most unfortunate consequences. Mr. Contostavlos 
repeatedly and explicitly directed his counsel never to assent 
to any compromise in which this gross injustice should not be 
rectified. But a fixed, and I will add, an infatuated obstinacy 
possessed the minds of the opposite party. They refused to 
execute the bond in such terms as rendered negotiation im- 
possible ; and, finally, in our extreme earnestness to avoid 
the catastrophe which seemed inevitable, viz. that the remain- 
ing frigate, which we deemed the sole hope of Greece, should 
rot at our wharves, we assumed the fearful responsibility of 
violating the instructions of Mr. Contostavlos, and closed the 
compromise without this condition, stating, however, that we 
acted herein contrary to the directions of our client. If the 
collector had finally persevered in his demand of an oath, 
the consequences might have been such as I do not choose to 
contemplate. 

The worst yet remains. This frigate is forced to traverse 
the Atlantic Ocean and Mediterranean Sea in a situation to 
which no vessel was ever before exposed. She has no regis- 
ter, nor any document to manifest her national character ; and 
I know, that on this account Mr. Contostavlos will not ven- 
ture, unless in case of absolute necessity, to speak any ship 
of war, or to enter any port between this and Greece, 



96 • 

When Judge Piatt puts forth his promised defence, let hinx 
answer this. 

H. D. SEDGWICK. 



LIBRARY OF CONGRESS 



020 148 672 5 



